Denmark v. State Dept. of Transp

7 Citing cases

  1. Sabal Trail Transmission, LLC v. 18.27 Acres of Land in Levy Cnty.

    538 F. Supp. 3d 1243 (N.D. Fla. 2021)   Cited 1 times

    Seminole Cnty. v. Boyle Inv. Co. , 724 So. 2d 645, 646 (Fla. 5th DCA 1999) (citing Lee Cnty. v. Tohari , 582 So. 2d 104, 105 n.1 (Fla. 2d DCA 1991) ). This is so, perhaps because section 73.131 mandates an appellate fee award in any case where the condemnor is responsible for taking the appeal, even if the property owner has zero success on appeal. SeeDenmark v. State Dep't of Transp. , 389 So. 2d 201 (Fla. 1980) ; see alsoSkinners , 736 So. 2d at 9 ("[I]t seems clear that the trial court is authorized to increase or decrease the lodestar fee by a specific dollar amount to reflect the attorney's unusual success or failure in the case.") (quoting Tohari , 582 So. 2d at 105 ).

  2. Salley v. City of St. Petersburg

    511 So. 2d 975 (Fla. 1987)   Cited 11 times
    In Salley v. City of St. Petersburg, 511 So.2d 975 (Fla. 1987), the supreme court stated that failure to comply with the rule is a valid justification for denying attorney's fees.

    GRIMES, Justice. We accepted jurisdiction in this case to review an order which is in apparent conflict with Denmark v. State Department of Transportation, 389 So.2d 201 (Fla. 1980). Art. V, ยง 3(b)(3), Fla. Const.

  3. Ryan v. City of Boynton Beach, Mun. Corp.

    157 So. 3d 417 (Fla. Dist. Ct. App. 2015)

    Nonetheless, consistent with the language of section 73.131, the Florida Supreme Court has squarely held that a landowner cannot be denied his appellate attorney's fees simply because he was not the prevailing party in the appeal. See Denmark v. State Dep't of Transp., 389 So.2d 201, 201 (Fla.1980); State Rd. Dep't v. Levato, 199 So.2d 714 (Fla.1967). Thus, while the trial court would have acted within the bounds of its discretion and this court's order by awarding an amount less than that sought by Ryan, the zero award went too far, effectively converting section 73.131 to a prevailing party fee statute.

  4. Ryan v. City of Boynton Beach

    157 So. 3d 417 (Fla. Dist. Ct. App. 2015)

    See Seminole Cnty. v. Boyle Inv. Co., 724 So.2d 645 (Fla. 5th DCA 1999) ; Lee Cnty. v. Tohari, 582 So.2d 104, 105 n. 1 (Fla. 2d DCA 1991). Nonetheless, consistent with the language of section 73.131, the Florida Supreme Court has squarely held that a landowner cannot be denied his appellate attorney's fees simply because he was not the prevailing party in the appeal. See Denmark v. State Dep't of Transp., 389 So.2d 201, 201 (Fla.1980) ; State Rd. Dep't v. Levato, 199 So.2d 714 (Fla.1967). Thus, while the trial court would have acted within the bounds of its discretion and this court's order by awarding an amount less than that sought by Ryan, the zero award went too far, effectively converting section 73.131 to a prevailing party fee statute.

  5. Seminole County v. Boyle Inv. Co.

    724 So. 2d 645 (Fla. Dist. Ct. App. 1999)   Cited 4 times
    Holding defendant landowner entitled to appellate attorney's fees and costs where condemning authority appealed fee award and defendant prevailed

    However, section 73.131 specifically mandates that the condemning authority must pay all reasonable costs of an appeal, including reasonable attorney's fees, unless the appeal was filed by the landowner and the judgment of the lower court was affirmed. See Denmark v. State Dep't of Transp., 389 So.2d 201 (Fla. 1980). We agree with the fourth district that we are not at liberty to ignore the unambiguous legislative language set forth in the statute.

  6. ORLANDO/ORANGE COUNTY v. LATHAM

    643 So. 2d 10 (Fla. Dist. Ct. App. 1994)   Cited 2 times

    Finally, even though the Authority has prevailed on appeal, Florida law requires that SWJV be awarded attorneys' fees. ยง 73.131, Fla. Stat. (1993). Denmark v. Department of Transportation, 389 So.2d 201 (Fla. 1980). REVERSED AND REMANDED.

  7. Lee County v. Tohari

    582 So. 2d 104 (Fla. Dist. Ct. App. 1991)   Cited 13 times

    Division of Admin., State Dep't of Transp. v. Decker, 408 So.2d 1056 (Fla. 2d DCA 1981). See also Denmark v. State Dep't of Transp., 389 So.2d 201 (Fla. 1980). In setting the amount of the fee, however, it may be appropriate for the trial court to consider that the result obtained was not favorable and did not benefit the defendant.