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DEPT. OF TRANSP. v. ROGERS

No. 96-430.

705 So.2d 584 (1997)

DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, Appellant/Cross-Appellee, v. Clarence ROGERS, et al., Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fifth District.

As Revised on Grant of Clarification and Denial of Rehearing February 13, 1998.

Attorney(s) appearing for the Case

Pamela S. Leslie and Thornton J. Williams, General Counsels, and Gregory G. Costas, Assistant General Counsel, Tallahassee, for Appellant/Cross-Appellee Department of Transportation.

Marcia K. Lippincott of Marcia K. Lippincott, P.A., Maitland, and Dominick J. Salfi of Law Offices of Dominick J. Salfi, P.A., Maitland, for Appellee/Cross-Appellant Gus Boulis.

Edgar M. Dunn, Jr., P.A., and Suzanne A. Novak of Dunn, Abraham & Swain, Daytona Beach, for Appellee/Cross-Appellant Subway U.S.A.-1, Inc.

W. SHARP, Judge.

The Department of Transportation ("DOT") appeals from a final judgment in an eminent domain proceeding, in which the jury valued the property taken at $705,000.00 We reverse because we find the evidence adduced at trial does not support the award, and because the trial court erred in admitting over objection, the testimony of a business valuation expert which was based on projected lost profits of a business...

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