Narrative Opinion Summary
The Department of Transportation filed for a writ of certiorari to overturn an order that granted Fortune Federal Savings and Loan Association $30,000 in partial attorney’s fees during an ongoing condemnation proceeding. The Department argued, referencing the case of Department of Transportation v. Decker, that the court lacked the authority to award such fees before the proceedings were concluded. The court agreed, noting that while there may be circumstances justifying partial attorney’s fee awards, Florida law (sections 73.091 and 73.092, Florida Statutes) does not allow for interim attorney’s fee awards in condemnation cases. Consequently, the court quashed the order for partial fees and stated that attorney’s fees could be awarded at the case's conclusion under section 73.092. Judges Grimes and Schoonover concurred with this decision.
Legal Issues Addressed
Authority to Award Attorney's Fees in Condemnation Proceedingssubscribe to see similar legal issues
Application: The court determined that it lacked the authority to award partial attorney's fees before the conclusion of condemnation proceedings as per existing Florida statutes.
Reasoning: The Department argued, referencing the case of Department of Transportation v. Decker, that the court lacked the authority to award such fees before the proceedings were concluded.
Finality of Attorney's Fee Awards in Condemnation Casessubscribe to see similar legal issues
Application: The court concluded that attorney's fees may be awarded at the end of the case, aligning with section 73.092 of the Florida Statutes.
Reasoning: Consequently, the court quashed the order for partial fees and stated that attorney’s fees could be awarded at the case's conclusion under section 73.092.
Interim Attorney's Fee Awards under Florida Lawsubscribe to see similar legal issues
Application: The court found that Florida law does not permit interim attorney's fees in condemnation cases, emphasizing that awards should only be granted at the conclusion of the proceedings.
Reasoning: The court agreed, noting that while there may be circumstances justifying partial attorney’s fee awards, Florida law (sections 73.091 and 73.092, Florida Statutes) does not allow for interim attorney’s fee awards in condemnation cases.