Partyka v. Florida Department of Transportation

Appellant, Mildred Partyka, challenges a final judgment in an eminent domain action which failed to award severance damages for her remaining property. Appellant argues that the trial court erred when it excluded proposed site plan exhibits. We agree and reverse. Appellant also contends that the trial court improperly instructed the jury regarding severance damages. We address this issue to clarify the legal principles which will arise on retrial.

The Florida Department of Transportation (“DOT”) filed an eminent domain action against appellant, to condemn Parcel 110, approximately 10,980…