Legal Opinion
State, Department of Transportation v. Skinners Wholesale Nursery, Inc.
District Court of Appeal of Florida
Decided November 20, 1998No. 96-1417PublishedCited by 4 opinions
1Opinion of the CourtVan Nortwick, J.
The State of Florida Department of Transportation (DOT) seeks review of a judgment which awarded appellee Skinners Wholesale Nursery, Inc., $98,000 in appellate attorney’s fees. The DOT argues that the amount of awarded fees is excessive and includes an enhancement for a contingency “risk factor” not authorized in eminent domain actions. Although we recognize that under appropriate circumstances an appellate attorney’s fee in an eminent domain action may be enhanced as a result of exceptional quality of service and success, because the fees awarded here were enhanced by an unauthorized…
2Cases cited11 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Blum v. StensonSupreme Court of the United States · 1984
- Canakaris v. CanakarisSupreme Court of Florida · 1980
- Florida Patient's Compensation Fund v. RoweSupreme Court of Florida · 1985
- Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1987
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3Cited by4 opinions
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- Jones & Granger v. JohnsonDistrict Court of Appeal of Florida · 2001
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- Sabal Trail Transmission, LLC v. 3.921 Acres of Land in Lake County FloridaDistrict Court, M.D. Florida · 2024