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State Department of Transp. v. Morgan

District Court of Appeal of Florida, First District
Aug 29, 1972
265 So. 2d 708 (Fla. Dist. Ct. App. 1972)

Opinion

No. P-11.

August 29, 1972.

Appeal from the Circuit Court, Volusia County, Robert H. Wingfield, J.

Geoffrey B. Dobson and Barbara Ann McPherson, Tallahassee, for appellant.

John R. Godbee, Jr., DeLand, for appellees.


In this appeal, the appellant stands on the one ground, to wit: that it was error for the trial court to admit testimony of the defendant that the subject property was encumbered by a mortgage and the amount thereof. All other assignments of error were abandoned.

The evidence submitted by the appellant and the appellees, as to fair market value of the property, ranged from $7,600.00 up to $26,000.00, which evidence was from appraisers. The testimony of the defendant that there was a mortgage of $11,560.00 on the land, although it had no place in determining the fair market value, constituted at most only harmless error inasmuch as the verdict of the jury was well within the extremes of market value, to wit: $12,000.00.

Therefore, the final judgment is Affirmed.

RAWLS, Acting C.J., and JOHNSON and WIGGINTON, JJ., concur.


Summaries of

State Department of Transp. v. Morgan

District Court of Appeal of Florida, First District
Aug 29, 1972
265 So. 2d 708 (Fla. Dist. Ct. App. 1972)
Case details for

State Department of Transp. v. Morgan

Case Details

Full title:STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLANT, v. WILLIAM C…

Court:District Court of Appeal of Florida, First District

Date published: Aug 29, 1972

Citations

265 So. 2d 708 (Fla. Dist. Ct. App. 1972)