THE POINT DEVELOPMENT CORPORATION OF NAPLES, A FLORIDA CORPORATION, APPELLANT,
v.
PALMS NURSERY & LANDSCAPING CO., INC., A FLORIDA CORPORATION, APPELLEE

Fla. 2d DCA | 1976-02-20
No. 75-1049
McNULTY, C. J., and BOARDMAN and SCHEB, JJ., concur.
327 So. 2d 112 Florida District Court of Appeal, Second District (1976)

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Synopsis

The appellate court affirmed the trial court's finding that the defendant Nursery unlawfully removed 55 palm trees from the plaintiff Fiske's land but reversed the award of compensatory and double damages, finding the proper measure of damages was the difference in property value before and after the removal, not replacement cost, and that Fla.Stat. § 821.221 was inapplicable.


Holding

The appellate court held that the proper measure of damages for the unauthorized removal of ornamental trees is the difference in the value of the property before and after the taking, not the replacement value, and reversed the award of double damages under Fla.Stat. § 821.221.


Facts & Procedural History

The defendant Nursery removed 55 palm trees from land owned by the plaintiff Fiske, having purchased them from Mrs. Moczik who lacked authority to sel…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Notice of appeal having been filed in an action at law from a nonappealable interlocutory order, we consider the proceedings as a petition for writ of common law certiorari.

After due consideration of the record, briefs, and oral argument, we are unable to find that the petitioner has demonstrated a departure from the essential requirements of law. Accordingly, the petition for writ of certiorari is

Denied.

McNULTY, C. J., and BOARDMAN and SCHEB, JJ., concur.


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