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Division of Administration v. Espey

District Court of Appeal of Florida, Third District
May 10, 1982
413 So. 2d 71 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-625.

March 23, 1982. Rehearing Denied May 10, 1982.

Appeal from the Circuit Court, Monroe County, M. Ignatius Lester, J.

H. Reynolds Sampson and Alan E. DeSerio and Walter Kelly and John H. Beck, Tallahassee, for appellant.

Albury, Morgan Hendrick and James T. Hendrick, Key West, for appellees.

Before HUBBART, C.J., and HENDRY and FERGUSON, JJ.


We affirm the final judgment based on a jury verdict awarding appellee $20,075 in this eminent domain action. The trial court properly allowed the jury to consider, as evidence of the value of the property, a comparable sale to the condemning authority subsequent to the date the declaration of taking was filed. See City of Fort Lauderdale v. Casino Realty, Inc., 313 So.2d 649 (Fla. 1975); Division of Administration, State, Department of Transportation v. Samter, 393 So.2d 1142 (Fla. 3d DCA), pet. for rev. denied, 402 So.2d 612 (Fla. 1981); Wilkerson v. Division of Administration, State, Department of Transportation, 319 So.2d 585 (Fla. 2d DCA 1975); Central and Southern Florida Flood Control District v. Dinkines, 165 So.2d 189 (Fla. 3d DCA 1964); cf. Home Owners of Winter Haven, Inc. v. Polk County, 320 So.2d 480 (Fla. 2d DCA 1975), cert. denied, 336 So.2d 106 (Fla. 1976).


Summaries of

Division of Administration v. Espey

District Court of Appeal of Florida, Third District
May 10, 1982
413 So. 2d 71 (Fla. Dist. Ct. App. 1982)
Case details for

Division of Administration v. Espey

Case Details

Full title:DIVISION OF ADMINISTRATION, STATE OF FLORIDA, DEPARTMENT OF…

Court:District Court of Appeal of Florida, Third District

Date published: May 10, 1982

Citations

413 So. 2d 71 (Fla. Dist. Ct. App. 1982)

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