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GARBER v. STATE, DEPT. OF TRANSP.

No. 96-1169.

687 So.2d 2 (1996)

R. Blair GARBER, Leslie S. Emhoff, and Randall J. Hartlage, d/b/a T.F.M. Investments of Tallahassee, Appellants, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, First District.

October 30, 1996.

Attorney(s) appearing for the Case

Robert M. Ervin Jr. of the Law Firm, Ervin, Varn, Jacobs, Odom & Ervin, and Joe W. Fixel of the Law Firm, Fixel & McGuire, Tallahassee, for Appellants.

Thornton J. Williams, General Counsel, and Gregory G. Costas and Gary M. Farmer Jr., Assistant General Counsel, Department of Transportation, Tallahassee, for Appellee.

BENTON, Judge.

In order to condemn a portion of appellants' land, the Florida Department of Transportation (DOT) instituted an action in eminent domain. The stipulated final judgment and amendment to order of taking, which resolved the action otherwise, provided that "the Court retains jurisdiction to assess reasonable attorney's fees and costs and expert costs." Exercising this retained jurisdiction, the circuit court entered the order denying marketing experts'...

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