ROBERT H. HART & SONS, INC., APPELLANT,
v.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, APPELLEE

Fla. 2d DCA | 1990-03-30
No. 89-01319
RYDER, A.C.J., and ALTENBERND, J., concur.
559 So. 2d 302 Florida District Court of Appeal, Second District (1990) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Hart & Sons, a lessee operating a business on condemned property, appealed a directed verdict denying it business damages in a condemnation proceeding. The court reversed, holding that the trial court prematurely ended Hart & Sons' case before it could fully establish its statutory entitlement to business damages based on continuous business operation.


Holding

The trial court erred in granting a directed verdict before Hart & Sons had completed its case on the threshold issue of entitlement to business damages. The essential inquiry under the business damages statute is whether the business had continuous operation at the location, not the specific structural details of the transaction between Hart & Sons and Snead. Hart & Sons should have been allowed to present evidence that it took over Snead's business and continued operating it without interruption.


Headnotes

[1] A directed verdict should not be entered before a party has completed its case on the threshold issue of entitlement to damages.

[2] The essential inquiry for business damages in a condemnation proceeding is the continuous operation of the business at the location where damages are alleged to have been…

Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“The essential inquiry under the business damages statute is that of continuous operation of the business at the location where business damages are alleged to have been suffered.”

Establishes the controlling legal standard for business damages eligibility under the statute.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The Florida Department of Transportation initiated condemnation proceedings to widen Avenue T in Winter Haven. Hart & Sons leased a corner parcel owne…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
DANAHY, Judge.

DANAHY, Judge.

The appellant (Hart & Sons) was named as a defendant in condemnation proceedings initiated by the appellee (DOT) in connection with the widening of Avenue T in Winter Haven. The subject parcel, located at the corner of First Street and Avenue T, is owned in fee simple by Edward Snead. The parcel is leased by Hart & Sons from Snead. Hart & Sons claimed business damages under section 73.071(3)(b), Florida Statutes (1985). Hart & Sons’ entitlement to business damages was based on its contention that the business which it owned and operated on the subject parcel was a business which had been in continuous operation on that parcel for a period of five years, as required by the statute.

At trial, Hart & Sons presented as its first witness Mr. Robert H. W. Hart, its president. After direct examination of Mr. Hart, and despite the demonstration by Hart & Sons that it could present further testimony by Mr. Hart and by other witnesses concerning its statutory entitlement to business damages, the trial court granted a directed verdict in favor of DOT. We reverse.

The essential inquiry under the business damages statute is that of continuous operation of the business at the location where business damages are alleged to have been suffered. Tampa-Hillsborough County Expressway Authority v. K.E. Morris Alignment Service, Inc., 444 So. 2d 926 (Fla.1983). It is apparent from the record that somehow the focus of attention during Mr. Hart’s testimony became diffused and the essential inquiry was not properly explored. The business operated by Hart & Sons had previously been operated by its lessor, Mr. Snead. Hart & Sons asserts that in 1985 it took over that business and continued to operate it thereafter under a lease agreement with Mr. Snead. The trial court seemed to feel that Hart & Sons failed to establish that the business it was operating at the time the condemnation proceedings began was the same business which Mr. Snead had operated for a number of years until 1985. The trial court’s concern was with the specific structure of the transaction between Hart & Sons and Mr. Snead in 1985. Under the statute as interpreted by the supreme court, those details do not govern the essential inquiry, which is whether Hart & Sons took over Mr. Snead’s business and continued to operate it, as Hart & Sons claims, without any interruption in the continuous operation of that business.

Under the circumstances, we conclude that the trial court prematurely terminated Hart & Sons’ opportunity to prove its claim to business damages. A directed verdict in favor of DOT should not have been entered before Hart & Sons had completed its case on the threshold issue of its entitlement to business damages. Fla.R.Civ.P. 1.420(b).

Accordingly, we reverse and remand for further proceedings.

RYDER, A.C.J., and ALTENBERND, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Gateway Growers, Inc. v. Sch. Bd. OF Palm Beach Cnty., 924 So. 2d 875 (Fla. 4th DCA 2006)
    …1222 (Fla. 2d DCA 1998); Night Flight, Inc. v. Tampa-Hillsborough County Expressway Auth., 702 So. 2d 538 (Fla. 2d DCA 1997); Morr v. State, Dep’t of Transp., 667 So. 2d 888 (Fla. 2d DCA 1996); Robert H. Hart & Sons, Inc. v. State, Dep’t of Transp., 559 So. 2d 302 (Fla. 2d DCA 1990); Slacter v. City of St. Petersburg, 449 So. 2d 1006 (Fla. 2d DCA 1984); Tampa-Hillsborough County Expressway Authority v. Campoamor Modern Dairy, Inc., 436 So. 2d 922 (Fla. 2d DCA 1983); Lee County v. T & H Assocs. Ltd., 395 So. 2…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw