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STATE, DOT v. BEN HILL GRIFFIN, INC.

No. 93-03029.

636 So.2d 825 (1994)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. BEN HILL GRIFFIN, INC., Appellee.

District Court of Appeal of Florida, Second District.

May 4, 1994.

Attorney(s) appearing for the Case

Thornton J. Williams, Gen. Counsel, and Gregory S. Costas, Asst. General Counsel, Dept. of Transp., Tallahassee, for appellant.

Deborah A. Ruster, Peterson, Myers, Craig, Crews, Brandon & Puterbaugh, P.A., Lake Wales, for appellee.

BLUE, Judge.

The Department of Transportation (DOT) appeals a final judgment awarding attorney's fees to Ben Hill Griffin, Inc. (Griffin) in an eminent domain proceeding. DOT contends the fee award is erroneous because there is no statutory authority to award attorney's fees to a party with no ownership interest in the subject property. We agree and reverse.

DOT initiated eminent domain proceedings over a parcel of property. The suit included a claim against...

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