State Road Department v. Hancock

MANN, Judge.

The State Road Department sought review here of a discovery order. We denied certiorari without opinion. Fla.Stat. § 73.131, F.S.A. (1969) states that the condemning authority “shall pay all reasonable costs of the proceedings in the appellate court, including a reasonable attorney’s fee to he assessed by that court, * * * ” (emphasis supplied)

The trial court assessed costs and fees after this court declined to do so, and the Road Department now claims this was error.

We thought Judge Pierce’s opinion in Florida Board of Parks and Historic Memorials v. Collier, Fla.App.2d 1968, 213…