Owenby Auto Parts, Inc. v. Jennings

LILES, Acting Chief Judge.

This is an appeal from a judgment entered on a petition for apportionment of a condemnation award. The City of Lake-land sought to condemn property owned by appellee, Ola M. Jennings, which she had leased to appellant Owenby Auto Parts, Inc. The parties entered into a stipulation and the condemnation suit was settled. The lessee, Owenby Auto Parts, Inc., was a party to the stipulation. During the course of the trial for apportionment, appellant sought to introduce the capitalization method to arrive at lessee’s interest in the condemnation award. The trial judge…