State Road Department v. Levato

UPON PETITION FOR REHEARING

WALDEN, Judge.

The condemnor asks us to reconsider and reverse our order which awarded attorney fees to the condemnees for the services of their attorney which were rendered in this appeal.

It is to be remembered that the con-demnor was the successful appellant and that a reversal of the trial court judgment resulted.

Condemnor suggests that the award was contrary to law and supports this stance with the cases of State Road Department v. Mutillo, Fla.App.1963, 155 So.2d 179; State Road Department v. Peter, Fla.App.1964, 165 So.2d 771. Indeed, these two cases do deny an…