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BD. OF SUP'RS. v. STATE DEPT. OF TRANSP.

No. 4D11-2349.

103 So.3d 218 (2012)

BOARD OF SUPERVISORS OF ST. JOHN'S WATER CONTROL DISTRICT, a drainage district under the laws of the State of Florida, f/k/a Board of Supervisors of St. John's Drainage District, a drainage district under the laws of the State of Florida, Appellant, v. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION; First National Bank And Trust Company of the Treasure Coast N.A., and Indian River County, a political subdivision of the State of Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 16, 2013.

Attorney(s) appearing for the Case

Larry Klein of Holland & Knight LLP, West Palm Beach, and Michael O'Haire of O'Haire, Quinn, Candler & Casalino, CHTD, Vero Beach, for appellant.

Gregory G. Costas and Gerald B. Curington , Tallahassee, for appellee State of Florida, Department of Transportation.

DAMOORGIAN, J.

St. John's Water Control District (the "District") appeals a final judgment awarding attorney's fees arising out of an action for inverse condemnation. Because the judgment impermissibly limited the District's recovery to fees incurred after it filed its inverse condemnation claim, we reverse.

By way of background, the Florida Department of Transportation ("FDOT") filed a petition to take a parcel of land owned by the District for a road widening...

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