GROVER BURGAN AND RHONA BURGAN AND RAMP REALTY OF FLORIDA, INC., APPELLANTS,
v.
CITY OF JACKSONVILLE, APPELLEE
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In an eminent domain proceeding where the City of Jacksonville sought to acquire the Burgans' property to widen a road, the jury awarded damages substantially below the lowest expert valuation presented at trial. The appellate court reversed, holding that the jury violated the trial court's instruction that verdicts could not be less than the lowest value testified to by any witness.
The trial court erred in denying the motion for new trial because the jury violated the trial court's explicit instruction that verdicts could not be less than the lowest value testified to by any witness in the proceeding.
[1] In an eminent domain proceeding, a jury verdict awarding damages less than the lowest value testified to by any witness is contrary to law and warrants a new trial.
[2] A jury's failure to follow a court's instruction regarding the range of permissible valuations in an eminent domain case constitutes an error requiring reversal.
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Join FLexlaw to unlock all legal intelligence“Your verdict must be based on a careful consideration of all the evidence and on the instructions of the law that I have given you and may not be less than the lowest value nor more than the highest value testified to by any witness in this proceeding.”
The trial court's explicit jury instruction establishing the bounds within which jury verdicts on property value must fall
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Join FLexlaw to unlock all legal intelligenceThe City of Jacksonville initiated eminent domain proceedings to acquire two parcels of property owned by Grover and Rhona Burgan (Parcel 103) and Ram…
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PER CURIAM.
This case arises from an eminent domain proceeding brought by the City of Jacksonville to acquire appellants’ property in order to widen St. Johns Bluff Road. Appellants Grover and Rhona Burgan owned Parcel 103 and appellant Ramp Realty of Florida, Inc. owned Parcel 104. Appellants argue that the trial court erred by denying their motion for new trial and to set aside the verdict because the jury awarded property amounts less than the lowest value testified to by any witness in the proceeding, contrary to instructions. We agree with appellants, and therefore reverse.
At trial, the City’s expert testified that the property values were $39,800 for Parcel 103 and $99,000 for Parcel 104. These were the lowest property valuations presented to the jury at trial. The trial judge properly instructed the jury that, “[y]our verdict must be based on a careful consideration of all the evidence and on the instructions of the law that I have given you and may not be less than the lowest value nor more than the highest value testified to by any witness in this proceeding.” See Behm v. Div. of Admin., State Dep’t of Transp., 336 So. 2d 579, 581 (Fla.1976) (citing Meyers v. City of Daytona Beach, 158 Fla. 859, 30 So. 2d 354 (1947), and Dade County v. Renedo, 147 So. 2d 313, 316 (Fla.1962)). Despite receiving this instruction, the jury returned verdicts awarding appellants $13,600 for Parcel 103 and $42,560 for Parcel 104, less than the values testified to by the City’s expert.
Because the jury failed to discharge their duty as given them by the court’s charge, it was error for the trial court to deny appellants’ motion for a new trial. See Meyers, 30 So. 2d at 354-55 (reversing for a new trial because the jury awarded amounts in a condemnation proceeding less than the evidence presented); City of Hollywood v. Jarkesy, 343 So. 2d 886, 888 (Fla. 4th DCA 1977) (ruling that in eminent domain proceedings a verdict should be set aside for grossly inadequate damages when “the verdict was induced by prejudice or passion, some misconception of the law or the evidence, or ... the jury did not consider all the elements of damage involved, missed a consideration of the issues submitted or failed to discharge their duty as given them by the court’s charge”).
REVERSED and REMANDED for a new trial.
WEBSTER, BROWNING and POLSTON, JJ., concur.
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Citator
Authorities Cited
- Meyers v. City OF Daytona Beach, 158 Fla. 859 (Fla. 1947)
- Behm v. Division OF Administration, 336 So. 2d 579 (Fla. 1976)
- City OF Hollywood v. Jarkesy, 343 So. 2d 886 (Fla. 4th DCA 1977)
- Dade Cnty. v. Renedo, 147 So. 2d 313 (Fla. 1962)