JONES v. DIV. OF ADMIN. STATE DEPT. TRANSP.

No. 77-133.

351 So.2d 365 (1977)

John Wesley JONES and Gertrude May Jones, His Wife, Title Holders of Parcel Number 134, Appellants, v. DIVISION OF ADMINISTRATION, State of Florida Department of Transportation and Arrow Construction Corp., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

October 25, 1977.


Attorney(s) appearing for the Case

Jerald C. Cantor of Meyer, Leben, Fixel & Cantor, Hollywood, for appellants.

H. Reynolds Sampson, Gen. Counsel, and Alan E. DeSerio, Atty., Tallahassee, for appellee-State of Florida Dept. of Transp.


ALDERMAN, Chief Judge.

In this eminent domain action the defendant-landowner appeals from the trial court's order granting the State's motion for new trial. We conclude that the ground upon which the motion was granted is legally insufficient, and we reverse.

During the trial both sides presented expert witnesses, who testified as to the value of the property to be taken and the amount of severance damages. The first witness was the landowner's expert. He...

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