THE CANAL AUTHORITY OF THE STATE OF FLORIDA, PETITIONER,
v.
SILVER SPRINGS, INC., RESPONDENT
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The Florida Supreme Court discharged a writ of certiorari and dismissed the Canal Authority's petition, finding no jurisdiction because the District Court's decision did not conflict with cited authority, and awarded respondent $2,500 in attorney's fees.
The Supreme Court lacks jurisdiction to review the District Court's decision because that decision does not conflict with any authority cited by petitioner.
The Canal Authority sought to condemn property owned by Silver Springs, Inc. for the Cross Florida Barge Canal project, and the trial court issued an …
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By petition for writ of certiorari we are asked to review a decision of the District Court of Appeal, First District, holding that the trial Court erred in concluding that the principle of res judicata precluded it from re-examining the quantum of estate previously awarded the petitioner in an interlocutory order of taking in a condemnation action to acquire a portion of the right of way for the Cross Florida Barge Canal, and in which the District Court held that the trial court erred in denying respondent’s motion to exclude a parcel of the property sought to be taken on the ground that it was sought to be condemned for recreational purposes. Silver Springs, Inc. v. Canal Authority, Fla.App., 252 So.2d 295. We tentatively accepted jurisdiction of this case on the conflict theory, but after hearing oral argument and having considered briefs of the parties herein we now conclude that we have no jurisdiction to review the decision of the District Court. The authorities relied upon by petitioner to establish such conflict have been carefully read and considered and we conclude that the decision of the District Court in this case is not in conflict with any of the cited cases relied upon by the petitioner. We hold that the writ of certiorari was improvidently issued and it is discharged and the petition is dismissed.
The motion for attorneys’ fees filed by the respondent is granted in the sum of $2,500.00.-
It is so ordered.
ROBERTS, C. J„ ERVIN, ADKINS, BOYD, McCAIN and DEKLE, JJ., and MASON, Circuit Judge, concur.
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Citator
Authorities Cited
- Silver Springs, Inc. v. The Canal Auth. of the State of Fla., 252 So. 2d 295 (Fla. 1st DCA 1971)