Division of Administration, State, Department of Transportation v. Morgan

This matter is before us on appeal from an order awarding attorney’s fees in an appellate action filed by the condemning authority where there was no motion for such fees filed in the appellate court, as provided by Rule 3.16, F.R.A.P., 32 F.S.A.

The State Department of Transportation had appealed to this Court a final judgment in condemnation and this Court had affirmed. No motion for attorney’s fees had been filed with this Court. Subsequent to the opinion of this Court, the ap-pellees first filed their motion for attorney’s fees in the trial court who made an award of such fee by the…