CopyCited 12 times | Published | Supreme Court of Florida
...The Behms appeal the Fourth District Court of Appeal's determination that a condemnee in an eminent domain proceeding is not entitled to interest on a final judgment for the period of time during an unsuccessful appeal. [1] Since the constitutionality of section 73.131(1), Florida Statutes (1969), was under attack, we have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution. While we agree that section 73.131(1) suffers from no constitutional impediment, we reverse the district court's holding that the appellants were not entitled to the award of interest for the reasons set out below....
...The award also includes interest on the amount by which the verdict exceeds the state's estimate. If the condemnee immediately takes the award, and interest if applicable, he has been made whole as far as possible and practicable. If the condemnee wants to appeal the award, however, the situation is somewhat different. Section 73.131(1), Florida Statutes (1969), provides that if a condemnee appeals the jury verdict, withdrawal of the amount awarded will result in an automatic dismissal of the appeal....
CopyCited 12 times | Published | Supreme Court of Florida
...By separate unsigned order entered the same day as its decision in the case, the District Court also denied to the Game Preserve an award of attorney's fees for services rendered in that Court. In so doing, the District Court contravened the provisions of Fla. Stat. § 73.131(2), F.S.A., as interpreted by this Court in State Road Department v....
...In that case, in a situation identical in all material respects to the case at bar, we said: "We come next to the allowance, vel non, of an attorney's fee in the district court for services rendered in that court by counsel for the owners in an appeal where the condemner was the successful appellant. Section 73.131, Florida Statutes, F.S.A., among other things, says: "`...' "`The petitioner shall pay all reasonable costs of the proceedings in the appellate court, including a reasonable attorney's fee to be assessed by that court, except upon a...
...be condemned. Accordingly, both the decision of the District Court of Appeal, Fourth District, entered on April 23, 1971, and reported at
248 So.2d 193, and the separate order denying attorney's fees in the cause, are vacated. Inasmuch as Fla. Stat. §
73.131(2), F.S.A., expressly provides that attorney's fees for services rendered in the District Court are to be assessed by that Court, the cause is remanded to the District Court of Appeal, Fourth District, for the purpose of assessing a reasona...
CopyCited 12 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 396, 1987 Fla. LEXIS 2068
...he court had employed an improper method of valuation. City of St. Petersburg v. Clark,
492 So.2d 685 (Fla. 2d DCA 1986). By separate unpublished order, the district court denied petitioners' motion for attorney's fees. We deal only with that order. Section
73.131(2), Florida Statutes (1985), provides: The petitioner shall pay all reasonable costs of the proceedings in the appellate court, including a reasonable attorney's fee to be assessed by that court, except upon an appeal taken by a defendant in which the judgment of the trial court shall be affirmed. In Denmark this Court construed section
73.131(2) to require the payment of appellate attorney's fees even in cases where the property owner loses the appeal, provided the appeal was taken by the condemning authority....
CopyCited 12 times | Published | Florida 1st District Court of Appeal
...er. A jury verdict, based in whole or in part upon such testimony, is necessarily in derogation of the constitutional guarantee of `full compensation.'" (239 So.2d at page 882) Appellants have filed a timely motion pursuant to Rule 3.16(e) FAR and F.S. 73.131(2) for an order awarding attorneys' *417 fees for services incident to this appeal....
CopyCited 10 times | Published | Supreme Court of Florida | 1994 WL 202543
...ourt in the above-styled case. If her claim were based upon the usual statute providing for payment of attorney's fees to the prevailing party, her motion would be summarily denied because she did not prevail. However, Gefen's claim is predicated on section 73.131(2), Florida Statutes (1991), which is a part of chapter 73 dealing with eminent domain....
CopyCited 8 times | Published | Florida 5th District Court of Appeal
...ot removable, it was the replacement value less depreciation. We REVERSE and REMAND for further proceedings consistent herewith. Peterson's motion for attorney fees is hereby granted. Determination shall be made by the trial court in accordance with section 73.131(2), Florida Statutes....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...In a consolidated case, DOT appeals the award of $200,000 to appellees' attorneys at the trial court level. Since we are remanding this case for a new trial, we reverse this award. However, we grant attorney's fees to appellees on this appeal in an amount to be set by the trial court, noting that section 73.131(2), Florida Statutes (1979), mandates the award of such attorney's fees when the petitioner (condemnor) takes an appeal....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 2682, 1996 WL 124830
...from the services rendered to arrive at an appropriate award. Even though Seminole County prevails in this appeal, Delco is nevertheless entitled to recover its attorney's fees on appeal. This result, though peculiar, is mandated by the legislature. § 73.131(2), Fla.Stat....
...include in the calculation of compensable hours the time spent to recover fees. First, we observe that Florida's legislature has historically taken a very broad view of the guarantee of full compensation to a landowner. Art. X, § 6, Fla. Const. See § 73.131(2), Fla.Stat....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...Not finding that this court overlooked or misapprehended any evidence presented at trial or the applicable law, we deny the motion for rehearing, as well as the alternative motion to certify an important public question to the Florida Supreme Court. It is ordered, however, pursuant to section 73.131(2), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...legally obligated to pay their attorneys. The Supreme Court order as to fees read: "It is further ordered that the respondent's motion for allowance of attorney's fees, be and the same is hereby denied without prejudice to apply for fees below." See § 73.131(2), Fla....
...To begin with, the court may award reasonable attorney's fees in eminent domain cases involving dismissal before trial. City of Hallandale v. Chatlos, Fla. 1970,
236 So.2d 761 and City of Miami Beach v. Cummings, Fla.App. 1970,
239 So.2d 501; §
73.091, Fla. Stat. 1969, F.S.A.; cf. §
73.131(2), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...The order is otherwise affirmed, and the cause remanded for entry of an order consistent herewith. WIGGINTON and NIMMONS, JJ., concur. ON MOTION FOR REHEARING WENTWORTH, Judge. On motion for rehearing Dama, Record Bar, and the Wests all seek an award of appellate attorney's fees from the City of Tallahassee pursuant to section 73.131(2), Florida Statutes....
...In this regard we decline to extend the rationale of Orange State Oil Co. v. Jacksonville Expressway Authority,
143 So.2d 892 (Fla. 1st DCA 1962), to the assessment of appellate fees. Orange State addressed only the assessment of attorney's fees in the trial court and did not involve the statutory exception of section
73.131(2), Florida Statutes, for appeals taken by a defendant in which the judgment is affirmed. In the present case the judgment was affirmed as to the City of Tallahassee and an appellate fee is thus not authorized by section
73.131(2)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1994 Fla. App. LEXIS 3676, 1994 WL 141241
...[4] I find it significant that there is also nothing in the record to establish that either the owner or the mortgagee ever invoked these provisions to deny K-Mart's entitlement to share in the proceeds of any award. [5] We were required to grant K-Mart's motion for attorney's fees incurred for this appeal. See § 73.131(2), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1991 WL 185204
...es rendered in this mandamus action to enforce an unappealed final judgment rendered in an inverse condemnation suit against the Department of Agriculture and Consumer Services. We hold that such services fall within the scope of sections
73.091 and
73.131, Florida Statutes (1989), and that appellants did not withdraw or *453 waive their right to recover such fees in making the agreement to withdraw the mandamus action in return for the Department's promise to pay the judgment....
...Although the time for appeal of that judgment expired, the Department declined to pay it, so appellants instituted this action for a writ of mandamus to compel the Department to comply with the judgment. The petition for mandamus contained a prayer for attorney's fees, pursuant to sections
73.091 and
73.131, Florida Statutes (1989), for the services of appellants' attorneys rendered in this action to enforce the judgment....
...Beta Developers, Inc.,
554 So.2d 555 (Fla. 1st DCA 1989), rev. denied,
564 So.2d 486 (Fla. 1990). Full compensation within the meaning of that constitutional provision includes payment of attorney's fees necessary to enforce the condemnees' rights. §§
73.091 and
73.131, Fla....
...County of Volusia v. Pickens,
435 So.2d 247. Attorney's fees incurred in proceedings in the trial court and on appeal that arise out of and are ancillary to the original proceeding in condemnation are similarly payable by the state pursuant to sections
73.091 and
73.131....
...easonable attorney's fee for the services of appellants' attorneys in this proceeding in the trial court. Appellants' motion in this court for the award of attorney's fees for the services of their attorney on this appeal is also granted pursuant to section 73.131(2)....
CopyCited 4 times | Published | Supreme Court of Florida | 1980 Fla. LEXIS 4299
...Respondent/condemnor appealed the award to the District Court of Appeal, Fourth District, which reversed. State Dept. of Transportation v. Denmark,
366 So.2d 476 (Fla. 4th D.C.A. 1979). In a separate order, the district court denied petitioners' motion for appellate attorneys' fees. Section
73.131(2), Florida Statutes (1979), provides: The petitioner shall pay all reasonable costs of the proceedings in the appellate court, including a reasonable attorney's fee to be assessed by that court, except upon an appeal taken by a defendant in which the judgment of the trial court shall be affirmed....
CopyCited 4 times | Published | Supreme Court of Florida
...owable by law." In appeals by condemnees in eminent domain proceedings, such fees are not "allowable" i.e., discretionary but are mandatory when the condemnees are successful on appeal. Florida Constitution, Article X, Section 6(a); Fla. Stat. § 73.131(2), F.S.A.; Jacksonville Expressway Authority v....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1996 Fla. App. LEXIS 5815, 1996 WL 293630
...t. The D.O.T.'s decision to take this position, which required the owner to bring this appeal, not only wasted the time of counsel employed by the D.O.T. but also made the state responsible for paying the owner's attorneys' fees for this appeal. See § 73.131, Fla.Stat....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1991 WL 115608
...te. [1] Reversed and remanded. CAMPBELL, A.C.J., and FRANK, J., concur. NOTES [1] We grant the defendant's motion for attorney's fees on appeal, even though the only issue on appeal concerns the defective award of attorney's fees in the trial court. Section 73.131(2), Florida Statutes (1989), appears to mandate this result....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1997 Fla. App. LEXIS 6950, 1997 WL 336300
...n an earlier appeal. The amount of the award is excessive and therefore unreasonable. We reverse the award and remand for further *1245 consideration of the amount by the trial court. Appellate attorney fees in eminent domain cases are authorized by section 73.131....
...In this eminent domain case only one firm handled the appeal for all of the owners. It further appears that much of the research concerning the issues on appeal must have been performed for the trial, since they are identical. The polestar of an appellate attorney fee award pursuant to section 73.131 and the case law generally, is that it must be reasonable....
...Due process considerations in eminent domain cases require that an owner be reasonably compensated for the taking of his or her property for the public good, which includes compensation for court costs and reasonable attorney fees to defend against the taking and establish a fair amount of compensation. Section 73.131 specifies the attorney's fee award be "reasonable." There is no basis for an excessive appellate attorney's award in eminent domain cases....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 14358, 2003 WL 22187977
...ation actions. The Florida Supreme Court did not hesitate to apply chapter 73 in an inverse condemnation case with respect to appellate attorney’s fees. See Dep’t of Trans. v. Gefen,
636 So.2d 1345, 1347 (Fla.1994)(stating that “[t]he statute [section
73.131(2), as part of chapter 73 that deals with eminent domain cases] was obviously enacted in contemplation of condemnation actions brought by the State....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 13903, 2015 WL 5456819
...The trial court found that á compensable taking had occurred and that determination was affirmed by the First District Court of Appeal. Id. The supreme court reversed, finding that no taking had occurred. Id. Despite being unsuccessful in the appeal before the supreme court, Gefen sought attorney’s fees under section 73.131(2), Florida Statutes (1991)-the provision governing the award of attorney’s fees for appellate proceedings in eminent- domain cases....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 1428, 2015 WL 444440
...the result obtained on appeal and a zero award was reasonable “[s]ince
Ryan did not prevail on appeal.” This rationale, though, is contrary to the
governing fee statute. The award of appellate attorney’s fees in eminent
domain proceedings is governed by section 73.131, Florida Statutes....
...The
statute requires that the petitioner “pay all reasonable costs of the
proceedings in the appellate court, including a reasonable attorney’s fee to
be assessed by that court, except upon an appeal taken by a defendant in
which the judgment of the lower court shall be affirmed.” § 73.131(2), Fla.
Stat....
...There are appellate decisions permitting consideration of the result
obtained on appeal in setting the amount of appellate fees to be awarded.
See Seminole Cnty. v. Boyle Inv. Co.,
724 So. 2d 645 (Fla. 5th DCA 1999);
Lee Cnty. v. Tohari,
582 So. 2d 104, 105 n.1 (Fla. 2d DCA 1991).
Nonetheless, consistent with the language of section
73.131, the Florida
Supreme Court has squarely held that a landowner cannot be denied his
appellate attorney’s fees simply because he was not the prevailing party in
the appeal....
...Dep’t v. Levato,
199 So. 2d 714 (Fla. 1967). Thus,
while the trial court would have acted within the bounds of its discretion
and this court’s order by awarding an amount less than that sought by
Ryan, the zero award went too far, effectively converting section
73.131 to
a prevailing party fee statute.
Trial Level Fees Incurred in Connection with Motions for Disbursement
Florida Statutes section
73.092(2) governs the award of fees incurred
in the trial court, providing for the assessment of f...
...2012 order and remand the matter to the trial court with directions for the
trial court to set the amount of fees to be awarded. In setting such amount,
the trial court must take into account the “result obtained,” remaining
mindful of the fact that section 73.131 is not a prevailing party fee statute.
As for the trial level fees incurred in connection with the motions for
disbursement, the trial court is directed to award Ryan those fees incurred
challenging the propriety of the City’s resort to chapter 73 proceedings to
enforce its code enforcement lien....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...and then appeal from it when the effect of the appeal would be to amend the judgment as a whole. See, e.g., Erwin v. Brooks,
297 So.2d 314 (Fla.2d DCA 1974); State Road Dept. v. Hartsfield,
216 So.2d 61 (Fla. 1st DCA 1968). The County also refers to section
73.131, Florida Statutes (1979), which provides that if a condemnee appeals the final judgment, withdrawal of the amount due him results in an automatic dismissal of the appeal....
...unt due him, any pending appeal taken by him shall be dismissed by the appellate court upon the filing of a certificate by the clerk of the circuit court stating that the defendant taking the appeal has withdrawn the amount due him. (Emphasis added) § 73.131, Fla....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16913
attorney’s fees and costs incident to this appeal. F.S.
73.131(2) provides as follows: “The petitioner shall
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4582
do this because we are persuaded that F.S.A. § 73.-131 authorizes the award of these fees and because
CopyPublished | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 4056
of the motions for attorneys’ fees, citing F.S. §
73.131 F.S.A., which provides that, upon an appeal in
CopyPublished | Florida 1st District Court of Appeal | 1966 Fla. App. LEXIS 4462
court. Since then, effective October 1, 1965, F.S. §
73.131, F.S.A., provides that upon appeal a reasonable
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 5481
...and “ * * * all' reasonable costs of the proceedings in the' appellate court, including a reasonable attorney’s fee to be assessed by that court, except upon an appeal taken by a defendant in which the judgment of the trial court shall be affirmed,” Section 73.131, Florida Statutes, F.S.A....
CopyPublished | Supreme Court of Florida | 1967 Fla. LEXIS 3925
the condemnor was the successful appellant. Section
73.131, Florida Statutes, F.S.A., among other things
CopyPublished | Supreme Court of Florida | 1968 Fla. LEXIS 2219
...After argument and upon further consideration, we have determined the writ was improvidently issued. The writ must be and is discharged and the petition is dismissed. The petition for allowance of attorney’s fees is also denied. See Florida Statutes § 73.131(2), 1967, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6269
MANN, Judge. The State Road Department sought review here of a discovery order. We denied certiorari without opinion. Fla.Stat. § 73.131, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5137
...et out. See State ex rel. Badgett v. Lee, 1945,
156 Fla. 291 ,
22 So.2d 804 . The final order appealed is affirmed. Attorneys for Appellees filed in this Court Motion for Attorneys’ fee and asked this Court to assess the amount thereof pursuant to Section
73.131, Florida Statutes 1967, F.S.A. Said Section
73.131 was originally enacted as Laws of 1965, c....
CopyPublished | Florida 5th District Court of Appeal | 1999 Fla. App. LEXIS 92, 1999 WL 4917
...We found no error with regard to the method the trial court employed in calculating the fees, but concluded that the trial court had erred by awarding interest on the award and in awarding expert witness fees. Id. While the appeal was pending, Boyle filed a motion seeking an award of appellate attorney’s fees citing section 73.131, Florida Statutes (1997), as the basis for such an award. Section 73.131 provides in relevant part: 73.131 Appeals; costs.- [[Image here]] (2) The petitioner shall pay all reasonable costs of the proceedings in the appellate court, including a reasonable attorney’s fee to be assessed by that court, except upon an appeal taken by a defen *646 dant in which the judgment of the lower court shall be affirmed. § 73.131(2), Fla. Stat. (1997). By enacting section 73.131, the legislature clearly mandated that a property owner is entitled to receive an award of appellate attorneys’ fees in all cases which are appealed by the condemning authority....
...We recognize that under other attorney’s fees statutes appellate attorney’s fees may be denied where like here the only issue on appeal was the propriety of a fee award. See Solid Waste Authority of Palm Beach County v. Parker,
622 So.2d 1014, 1015 (Fla. 4th DCA 1993). However, section
73.131 specifically mandates that the condemning authority must pay all reasonable costs of an appeal, including reasonable attorney’s fees, unless the appeal was filed by the landowner and the judgment of the lower court was affirmed....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 13986
...ed return of the check for the issuance of a new one in the proper amount, whereupon condemnees returned it with instructions not to issue a new check until disposal of pending motions. These instructions were apparently to avoid the consequences of Section 73.131(1), Florida Statutes (1969) 1 , which requires the dismissal of an appeal by one who accepts the amount due him by reason of the final judgment....
...e date of payment after all appeals had been exhausted. The trial court granted interest but not for the period requested by the condemnees. This appeal is from that order. The condemnees contend that the only way to breathe constitutional life into Section 73.131(1) is to require payment of interest for the whole period of time until actual payment of the final judgment, notwithstanding the extended period during which they prosecuted their appeals....
...Having determined that Section 73.-131(1), Florida Statutes (1969), does not suffer from any constitutional impediment and that the condemnees are not entitled to interest until the date of actual payment, the order of the trial court should be affirmed. AFFIRMED. ANSTEAD and LETTS, JJ., concur. . Section 73.131(1), Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2001 WL 194870
...DOT is not immune from this statutory liability for post judgment interest, Palm Beach County v. Town of Palm Beach,
579 So.2d 719, 720-721 (Fla.1991), but the landowner who withdraws funds deposited into the Court Registry by the condemnor gives up his appeal. See §
73.131, Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 1994 Fla. App. LEXIS 8448, 1994 WL 460723
...including Department of Transportation v. Gefen,
636 So.2d 1345 (Fla. 1994) and Broward County v. Patel,
641 So.2d 40 (Fla. 1994). Finally, even though the Authority has prevailed on appeal, Florida law requires that SWJV be awarded attorneys' fees. §
73.131, Fla....
