State Department of Transportation v. Fortune Federal Savings & Loan Ass'n

SCHEB, Judge.

The Department of Transportation seeks a writ of certiorari to quash an order granting Fortune Federal Savings and Loan Association’s motion for partial attorney’s fees.

Approximately two months prior to trial, the court awarded $30,000 as a partial attorney’s fee to counsel representing Fortune Federal, a defendant property owner *1217in an ongoing condemnation proceeding. The Department, citing Department of Transportation v. Decker, 450 So.2d 1220 (Fla. 2d DCA 1984), contends the court was without authority to make such an award prior to conclusion of the proceedings. We agree.

There…