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Seminole County v. Boyle Investment Co.

Citations: 719 So. 2d 1004; 1998 Fla. App. LEXIS 13804; 1998 WL 754330Docket: No. 97-2083

Court: District Court of Appeal of Florida; October 29, 1998; Florida; State Appellate Court

Narrative Opinion Summary

An appeal was made regarding the awards of attorney's fees and costs in an eminent domain case. The court upheld the method and outcome used to determine the attorney's fees, deeming it appropriate for this unique situation. However, the court found an error in the award of expert witness fees for the appellees’ experts who testified on the fee amounts, leading to a reversal of that specific award. Additionally, the court ruled that requiring the appellant to pay interest on the fee award from the date of settlement to the court's determination date was erroneous, as the delay was not attributed to the appellant. This ruling also reversed the interest award. The final decision was to affirm part of the original ruling, reverse part of it, and remand the case for further proceedings. Judges Griffin and Antoon concurred with the decision.

Legal Issues Addressed

Appellate Court Decision on Mixed Outcomes

Application: The appellate court affirmed part of the original ruling, reversed part of it, and remanded the case for further proceedings.

Reasoning: The final decision was to affirm part of the original ruling, reverse part of it, and remand the case for further proceedings.

Award of Expert Witness Fees

Application: The court found an error in the award of expert witness fees for the appellees’ experts who testified on the fee amounts, resulting in a reversal of that award.

Reasoning: However, the court found an error in the award of expert witness fees for the appellees’ experts who testified on the fee amounts, leading to a reversal of that specific award.

Determination of Attorney's Fees in Eminent Domain Cases

Application: The court upheld the method and outcome used to determine the attorney's fees, finding it suitable for the specific circumstances of the case.

Reasoning: The court upheld the method and outcome used to determine the attorney's fees, deeming it appropriate for this unique situation.

Interest on Fee Awards

Application: The court ruled that requiring the appellant to pay interest on the fee award from the date of settlement to the court's determination date was erroneous, as the delay was not attributed to the appellant.

Reasoning: Additionally, the court ruled that requiring the appellant to pay interest on the fee award from the date of settlement to the court's determination date was erroneous, as the delay was not attributed to the appellant.