Narrative Opinion Summary
The case involves an appeal by the Owens, collectively operating Gem Supply Company, against a lower court's denial of their motion to recover expert fees in a condemnation proceeding initiated by Orange County. The condemnation involved a thirty-foot strip of land affecting the Owens' businesses, for which they claimed business damages. The case was settled prior to trial for $90,000, excluding expert and attorney fees. The Owens filed to recover fees for their business damage expert, Laura J. Tindall, but the County contested, alleging abandonment of the business damage claim during mediation. The lower court denied the fee recovery, referencing a precedent where abandonment resulted in non-compensability of expert fees. However, the appellate court found no evidence of abandonment, emphasizing the settlement's provisions for property improvements as indicative of a compromise rather than waiver. The court highlighted the statutory entitlement under Florida Statutes to recover costs if business damages are compensable. Consequently, the appellate court reversed the lower court's decision and remanded for determination of appropriate fees, underscoring the distinction from the cited precedent where claims were abandoned. The decision reinforces the importance of explicit waivers in settlements concerning business damage claims.
Legal Issues Addressed
Compensability of Business Damagessubscribe to see similar legal issues
Application: The court recognized the potential for business damages despite the County's argument for mitigation, finding that the Owens' claim was not abandoned.
Reasoning: The settlement, which included provisions for mitigating business damages, suggests a compromise rather than an abandonment.
Recovery of Expert Fees in Condemnation Casessubscribe to see similar legal issues
Application: The appellate court determined that the Owens were entitled to recover fees for their business damage expert, reversing the lower court's ruling which found abandonment of the business damage claim.
Reasoning: The appellate court finds no basis for abandonment, leading to a reversal of the lower court's ruling.
Settlement and Business Damage Claimssubscribe to see similar legal issues
Application: The settlement agreement did not constitute an abandonment of the business damage claim as it included provisions for mitigating business damages without explicitly waiving the claim.
Reasoning: The settlement required the County to make improvements to the property and reserved the right to award reasonable expert fees and costs, but did not specifically mention business damages or waive the Owens' claim for them.
Statutory Entitlement to Costssubscribe to see similar legal issues
Application: Under section 73.091 of the Florida Statutes, the court acknowledged that the petitioner must cover reasonable attorney's fees and costs, including expert fees, if business damages are compensable.
Reasoning: Recovery of fees for a business damage expert is governed by section 73.091 of the Florida Statutes (1995), which mandates that the petitioner must cover reasonable attorney's fees and costs in circuit court proceedings.