Opinion
Nos. 82-1462, 82-1622.
March 7, 1984. Rehearing Denied April 25, 1984.
Appeal from the Circuit Court for St. Lucie County, Philip G. Nourse, J.
Alan E. DeSerio and Robert I. Scanlan, Tallahassee, for appellant.
Larry Klein, West Palm Beach, and John Brennan of Brennan, McAliley, Hayskar McAliley, Fort Pierce, for appellees.
Reversed and remanded for a new trial. While it appears that the evidence was undisputed that the appellee land owner lost all access to its land from the east, west and north by virtue of the appellant's taking, we do not believe the evidence was sufficiently undisputed as to access available from the south to authorize the trial court to take the issue of loss of access and its consequences away from the jury. Cf. In re Division of Admin. v. St. Regis Paper Co., 402 So.2d 1207 (Fla. 1st DCA 1981). Because we are vacating the final judgment we also reverse the award of attorney's fees predicated thereon.
ANSTEAD, C.J., HURLEY, J., and WESSEL, JOHN D., Associate Judge, concur.
OPINION ON REHEARING
Although we deny the petition for rehearing we grant the request of the parties for clarification to the extent that we acknowledge that our opinion should not be taken as precluding the jury's consideration upon retrial of any applicable and valid laws or ordinances affecting the use of the property in question.
ANSTEAD, C.J., and HURLEY, J., and WESSEL, JOHN D., Associate Judge, concur.