Robbins v. Dept. of Transp

Full title: RUBIE H. ROBBINS, Trustee of the Rubie H. Robbins Trust dated June 29…

Court: District Court of Appeal of Florida, Second District

Date published: Mar 24, 2004

874 So. 2d 615 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 2D03-1375.

Opinion filed March 24, 2004. Rehearing Denied May 18, 2004.

Appeal from the Circuit Court for Polk County, Randall G. McDonald, Judge.

Lauriane Ciccarelli of Moran Tileston, P.A., Tampa, for Appellant.

Pamela S. Leslie, General Counsel, and Gregory G. Costas, Assistant General Counsel, Tallahassee, for Appellee.

VILLANTI, Judge.

In this eminent domain proceeding, Rubie Robbins, as Trustee of the Rubie H. Robbins Trust dated June 29, 1990, appeals from the trial court's order denying her motion for attorney's fees incurred during posttrial proceedings to recover the cost of her experts pursuant to section 73.091(1), Florida Statutes (2001). For the reasons expressed in our recent opinion in Enterprising Professional Investment Corp. v. Department of Transportation, No. 2D02-5665 (Fla. 2d DCA Mar. 5, 2004), we reverse the denial of her motion for attorney's fees and remand for further proceedings consistent with our opinion in Enterprising Professional Investment Corp.

Reversed and remanded.

FULMER and SILBERMAN, JJ., Concur.