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Shannon v. Tampa-Hillsborough County

District Court of Appeal of Florida, Second District
Sep 30, 1992
605 So. 2d 594 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-00784.

September 30, 1992.

Appeal from the Circuit Court, Hillsborough County, J.C. Cheatwood, J.

Robert M. Daisley and Jodi L. Corrigan, Annis, Mitchell, Cockey, Edwards Roehn, P.A., Tampa, for appellant.

William C. McLean, Jr., William C. McLean, Jr., P.A., Tampa, for appellee.


In this proceeding under the authority of chapters 73 and 74, Florida Statutes (1991) (eminent domain), Shannon Properties, Inc., appeals the order of taking entered after a hearing on the appellee's declaration of taking. The trial court considered the evidence presented and the arguments of counsel and found that the appellee had made the requisite good faith estimate of value. Section 74.031, Fla. Stat. (1991). We affirm. State Road Dep't v. Falcon, Inc., 157 So.2d 563 (Fla. 2d DCA 1963).

At this early "quick take" stage of the action the trial court's determination that the estimate was made in good faith is not a determination of full compensation. Capo Inv. Group v. Dep't of Transp., 578 So.2d 513 (Fla. 3d DCA 1991). Rather, the determination of full value is accomplished at a later stage of the proceedings. Our disposition of this appeal does nothing, of course, to preclude Shannon Properties from presenting its proofs and arguments concerning full compensation for the property taken.

Affirmed.

DANAHY, A.C.J., and CAMPBELL and THREADGILL, JJ., concur.


Summaries of

Shannon v. Tampa-Hillsborough County

District Court of Appeal of Florida, Second District
Sep 30, 1992
605 So. 2d 594 (Fla. Dist. Ct. App. 1992)
Case details for

Shannon v. Tampa-Hillsborough County

Case Details

Full title:SHANNON PROPERTIES, INC., APPELLANT, v. TAMPA-HILLSBOROUGH COUNTY…

Court:District Court of Appeal of Florida, Second District

Date published: Sep 30, 1992

Citations

605 So. 2d 594 (Fla. Dist. Ct. App. 1992)

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