DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,
v.
SOUTHEAST (U.S.) RECYCLING CORPORATION, APPELLEE
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The court affirmed the final judgment awarding the appellee $4,026,000 in an eminent domain action.
This is an eminent domain action where the trial court excluded evidence of the appellee's own appraisals and evaluations made six months prior to the…
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PER CURIAM.
The final judgment under review entered pursuant to a jury verdict awarding appel-lee $4,026,000 in this eminent domain action is affirmed. The trial court properly excluded evidence of appellee’s own appraisals and evaluations in connection with its purchase, financing and insuring of the subject property which occurred some six months prior to the actual date of the taking and was made under distress-sale circumstances with knowledge that the County was seeking to condemn the property for the Metro-rail project. Dade County v. Still, 377 So. 2d 689 (Fla.1979); State Road Department v. Chicone, 158 So. 2d 753 (Fla.1963); Yoder v. Sarasota County, 81 So. 2d 219 (Fla.1955); Culbertson v. State Road Department, 165 So. 2d 255 (Fla. 1st DCA 1964).
Upon appellee’s, motion, we remand to the trial court with directions to tax reasonable costs, including attorney’s fees incident to this appeal. See Dade County v. Davidson, 418 So. 2d 1231 (Fla. 3d DCA 1982).1
Affirmed.
. In Dade County v. Davidson, supra, an earlier appearance of the instant case, this court held that an appeal from the compensation award in an eminent domain action stays the trial proceedings but does not preclude the trial court from entering a nonfinal order retaining jurisdiction to tax costs.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gilchrist Timber Co. v. ITT Rayonier, Inc., 127 F.3d 1390 (11th Cir. 1997)…and 1988 appraisals; and that these appraisals provide no evidence of the property value at the time of sale because Florida courts have excluded appraisals dated a few months before a purchase. See Dade County v. Southeast (U.S.) Recycling Corp., 422 So. 2d 1036 (Fla.3d D.C.A.1982) (rejecting appraisal conducted six months before date of taking); Culbertson v. State Road Dep’t, 165 So. 2d 255, 256 (Fla. 1st D.C.A.1964) (appraisal completed four months before taking in eminent domain case). Those cases are…
Authorities Cited
- State Rd. Dep't of Fla. v. Chicone, 158 So. 2d 753 (Fla. 1963)
- Yoder v. Sarasota Cnty., 81 So. 2d 219 (Fla. 1955)
- Foster F. Culbertson and Jessie L. Culbertson v. State Rd. Dep't of Fla., 165 So. 2d 255 (Fla. 1st DCA 1964)
- Dade Cnty. v. Still, 377 So. 2d 689 (Fla. 1979)
- Dade Cnty. v. Davidson, 418 So. 2d 1231 (Fla. 3d DCA 1982)