FALCON, INC., APPELLANT,
v.
STATE ROAD DEPARTMENT OF FLORIDA, AN AGENT OF THE STATE OF FLORIDA, AND PINELLAS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEES

Fla. 2d DCA | 1965-02-26
No. 4759
ALLEN, Acting C. J., WHITE, J., and DURDEN, WILLIAM L., Associate Judge, concur.
172 So. 2d 906 Florida District Court of Appeal, Second District (1965)

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Holding

The court held that the jury's verdict was not grossly inadequate and affirmed the final judgment awarding compensation for condemned lands.


Facts & Procedural History

Defendant Falcon, Inc. appealed a final judgment awarding it compensation for condemned lands. This court had previously reversed an order granting a …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant Falcon, Inc., appeals a final judgment awarding it $24,820.00 compensation for lands condemned in an eminent domain proceeding. This court previously reversed an order of the trial court granting a new trial. See State Road Department v. Falcon, Inc., Fla.App.1963, 157 So.2d 563.

The state moved to quash this appeal on the ground, inter alia, that the issues sought to be reviewed are res judi-cata. The motion is denied. The prior appeal concerned solely the reasoning of the trial court as stated in the order granting a new trial. The sufficiency of the evidence to support the verdict was not there presented.1

Review of the record reveals no harmful error, and it is not otherwise made to appear that the verdict of the jury is grossly inadequate. Accordingly the judgment is affirmed.

Affirmed.

ALLEN, Acting C. J., WHITE, J., and DURDEN, WILLIAM L., Associate Judge, concur.


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