Summary
rejecting appraisal conducted six months before date of taking
Summary of this case from Gilchrist Timber Co. v. ITT Rayonier, Inc.Opinion
No. 81-2685.
November 30, 1982. Rehearing Denied December 16, 1982.
Appeal from the Circuit Court, Dade County, James C. Henderson, J.
Robert Ginsburg, Dade County Atty., and R.A. Cuevas, Jr., Asst. County Atty., for appellant.
Brigham, Moore, Muir, Gaylord, Schuster Sachs and Toby Prince Brigham, Miami, for appellee.
Before HENDRY, BASKIN and JORGENSON, JJ.
The final judgment under review entered pursuant to a jury verdict awarding appellee $4,026,000 in this eminent domain action is affirmed. The trial court properly excluded evidence of appellee's own appraisals and evaluations in connection with its purchase, financing and insuring of the subject property which occurred some six months prior to the actual date of the taking and was made under distress-sale circumstances with knowledge that the County was seeking to condemn the property for the Metrorail project. Dade County v. Still, 377 So.2d 689 (Fla. 1979); State Road Department v. Chicone, 158 So.2d 753 (Fla. 1963); Yoder v. Sarasota County, 81 So.2d 219 (Fla. 1955); Culbertson v. State Road Department, 165 So.2d 255 (Fla. 1st DCA 1964).
Upon appellee's motion, we remand to the trial court with directions to tax reasonable costs, including attorney's fees incident to this appeal. See Dade County v. Davidson, 418 So.2d 1231 (Fla. 3d DCA 1982).
In Dade County v. Davidson, supra, an earlier appearance of the instant case, this court held that an appeal from the compensation award in an eminent domain action stays the trial proceedings but does not preclude the trial court from entering a nonfinal order retaining jurisdiction to tax costs.
Affirmed.