CITY OF SUNRISE, FLORIDA, A MUNICIPAL CORPORATION EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF FLORIDA, APPELLANT,
v.
WEST BROWARD UTILITIES, INC., A FLORIDA CORPORATION, ET AL., APPELLEES

Fla. 4th DCA | 1975-03-14
No. 74-699
MAGER, J., concurs., CROSS, J., dissents without opinion.
311 So. 2d 175 Florida District Court of Appeal, Fourth District (1975) Positive Treatment
Cited by 8 cases
Topics
Voluntary Dismissal Costs Eminent Domain Competent Substantial Evidence

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Opinion of the Court
DOWNEY, Judge.

DOWNEY, Judge.

Appellant instituted an eminent domain action to condemn waste water treatment facilities owned by appellee West Broward Utilities, Inc. Several months later after issue was joined appellant filed a notice of voluntary dismissal. Thereupon, appellees moved the court to tax costs and assess attorney’s fees. Appellant seeks review of the trial court’s order allowing attorney’s fees and costs.

Our appellate function is to examine the record and determine if there is substantial competent evidence in the record to support the trial court’s exercise of discretion in the amounts allowed for attorney’s fees and costs. 8 Fla.Jur., Costs, § 41. Such an examination of this record reflects adequate evidentary support for all of the fees and costs allowed.

Accordingly, the judgment appealed from is affirmed.

MAGER, J., concurs.

CROSS, J., dissents without opinion.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Est. of Eunice G. Hampton v. Fairchild-Florida Constr. Co., 341 So. 2d 759 (Fla. 1976)
    …permitted. . Attorneys’ fees are awarded in eminent domain cases, regardless of whether the con-demnee’s land is actually taken, Dade County v. Oolite Rock Company, 311 So. 2d 699 (Fla. 3d DCA 1975); City of Sunrise v. West Broward Utilities, Inc., 311 So. 2d 175 (Fla. DCA 1975); City of Miami Beach v. Cummings, 239 So. 2d 501 (Fla.3d DCA 1970). . The present situation differs from the delegation of the power of eminent domain to railroad, canal, telephone, and telegraph companies. See generally Sections 73…
  • Neimark v. John H. Abramson & Lani Abramson, 403 So. 2d 1057 (Fla. 3d DCA 1981)
    …as to costs incurred by the Abramsons was ever filed or served. Cf. Aetna Life Insurance Co. v. Sievert, 361 So. 2d 747 (Fla. 1st DCA 1978) (award of costs reduced to correspond with record evidence); City of Sunrise v. West Broward Utilities, Inc., 311 So. 2d 175 (Fla. 4th DCA 1975), cert. denied, 325 So. 2d 10 (Fla. 1975) (award of cost was supported by substantial competent evidence). Affirmed in part, reversed in part, and remanded for an evidentiary hearing on costs and with instructions to fix pre-judg…
  • Adams v. Fisher, 390 So. 2d 1248 (Fla. 1st DCA 1980)
    …work had on the case. An appellate court’s function in reviewing an award of fees is to determine that the trial judge did not abuse his discretion and that his decision is based on substantial competent evidence. Sunrise v. West Broward Utilities, 311 So. 2d 175 (Fla. 4th DCA 1975) reh. denied; Stadler v. Miami Bank & Trust Co., 100 Fla. 1658, 132 So. 648 (1931); Accord Tobias v. King, 84 Ill.App.3d 998, 40 Ill.Dec. 400, 406 N.E. 2d 101, 104 (1980) (case involves contingency contract). We note that the tria…

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