Florida Statute 73.131 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 73
EMINENT DOMAIN

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F.S. 73.131

73.131 Appeals; costs.—

(1) Appeals in eminent domain actions shall be taken in the manner prescribed by law and in accordance with the appellate rules, except that an appeal shall not prevent appropriation of the property by the petitioner where the amount awarded by the judgment has been deposited with the court as aforesaid. If, at any time after entry of the judgment, a defendant shall take out of the court the amount due him or her, any pending appeal taken by the defendant 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upon the filing of a certificate by the clerk of the circuit court stating that the defendant taking the appeal has withdrawn the amount due him or her.

(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 defendant in which the judgment of the lower court shall be affirmed.

History.—s. 1, ch. 65-369; s. 4, ch. 87-148; s. 364, ch. 95-147.

F.S. 73.131 on Google Scholar

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Amendments to 73.131

Arrestable Offenses / Crimes under Fla. Stat. 73.131

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 73.131.

Annotations, Discussions, Cases:

Cases Citing Statute 73.131

Total Results: 20

Caribbean Condominium v. City of Flagler Beach

Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-18T00:00:00-07:00

Citation: 178 So. 3d 426, 2015 Fla. App. LEXIS 13903, 2015 WL 5456819

Snippet: court, Gefen sought attorney’s fees under section 73.131(2), Florida Statutes (1991)-the provision governing

Theodore Ryan v. City of Boynton Beach, etc., and Frank Janots

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-04T00:00:00-08:00

Citation: 157 So. 3d 417, 2015 Fla. App. LEXIS 1428

Snippet: eminent domain proceedings is governed by section 73.131, Florida Statutes. The statute requires that the…judgment of the lower court shall be affirmed.” § 73.131(2), Fla. Stat. There- are appellate decisions permitting…Nonetheless, consistent with the language of section 73.131, the Florida Supreme Court has squarely held that…award went too far, effectively converting section 73.131 to a prevailing party fee statute. Trial…obtained,” remaining mindful of the fact that section 73.131 is not a prevailing party fee statute. As for the

Tradler v. Tradler

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-02T00:00:00-07:00

Citation: 100 So. 3d 735, 2012 Fla. App. LEXIS 19009, 2012 WL 5373446

Snippet: marital estate to be $1,041,825 plus an additional $73,131 it found to represent the increase in value during

City of North Miami Beach v. Reed

Court: Fla. Dist. Ct. App. | Date Filed: 2003-09-24T00:00:00-07:00

Citation: 863 So. 2d 351, 2003 Fla. App. LEXIS 14358, 2003 WL 22187977

Snippet: (Fla.1994)(stating that “[t]he statute [section 73.131(2), as part of chapter 73 that deals with eminent

Hartleb v. Department of Transp.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-02-27T23:53:00-08:00

Citation: 778 So. 2d 1063

Snippet: Registry by the condemnor gives up his appeal. See § 73.131, Fla.Stat. (2000) ("If, at any time after

Seminole County v. Boyle Investment Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-01-08T00:00:00-08:00

Citation: 724 So. 2d 645, 1999 Fla. App. LEXIS 92, 1999 WL 4917

Snippet: citing section 73.131, Florida Statutes (1997), as the basis for such an award. Section 73.131 provides in…court shall be affirmed. § 73.131(2), Fla. Stat. (1997). By enacting section 73.131, the legislature clearly…in relevant part: 73.131 Appeals; costs.- [[Image here]] (2) The petitioner shall pay all reasonable costs…1014, 1015 (Fla. 4th DCA 1993). However, section 73.131 specifically mandates that the condemning authority

State, Department of Transportation v. Skinners Wholesale Nursery, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1998-11-20T00:00:00-08:00

Citation: 736 So. 2d 3, 1998 Fla. App. LEXIS 14795, 1998 WL 821776

Snippet: statute. See §§ 73.092, Fla.Stat. (Supp. 1994), and 73.131(2), Fla.Stat. (1993). Section 73.092(1) provides…services rendered at trial and are governed by section 73.131(2), Florida Statutes (1993). Under this statute…s fee in an eminent domain action under section 73.131(2), the use of a contingency or risk factor multiplier…obtained” factor may be appropriate under section 73.131(2) and rule 4-1.5(b)(4). The Quanstrom court emphasized…attorney’s fees. See Quanstrom, 555 So.2d at 835; § 73.131(2), Fla.Stat. (1993). Further, even if the enhancement

Brevard County v. Canaveral Properties, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-06-20T00:53:00-07:00

Citation: 696 So. 2d 1244

Snippet: eminent domain cases are authorized by section 73.131. That section provides: (1) Appeals in eminent …appellate attorney fee award pursuant to section 73.131 and the case law generally, is that it must be …establish a fair amount of compensation. Section 73.131 specifies the attorney's fee award be "

Hartleb v. STATE, DEPT. OF TRANSP.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-06-05T00:53:00-07:00

Citation: 677 So. 2d 336

Snippet: #39;s attorneys' fees for this appeal. See § 73.131, Fla.Stat. (1987). 95-0667 District Court

Seminole County v. Delco Oil, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-21T23:53:00-08:00

Citation: 669 So. 2d 1162

Snippet: though peculiar, is mandated by the legislature. § 73.131(2), Fla.Stat. (1993). REVERSED and REMANDED. COBB… to a landowner. Art. X, § 6, Fla. Const. See § 73.131(2), Fla.Stat. (1993). Also, in the case of eminent

Orlando/Orange County Expressway Authority v. Latham

Court: Fla. Dist. Ct. App. | Date Filed: 1994-08-26T00:53:00-07:00

Citation: 643 So. 2d 10

Snippet: requires that SWJV be awarded attorneys' fees. § 73.131, Fla. Stat. (1993). Denmark v. Department of Transportation

Department of Transp. v. Gefen

Court: Fla. | Date Filed: 1994-07-07T00:53:00-07:00

Citation: 636 So. 2d 1345

Snippet: However, Gefen's claim is predicated on section 73.131(2), Florida Statutes (1991), which is a part of

K-Mart Corp. v. ST. DEPT. OF TRANSP.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-04-22T00:53:00-07:00

Citation: 636 So. 2d 131

Snippet: attorney's fees incurred for this appeal. See § 73.131(2), Fla. Stat. (1993). 93-01449 District

Solid Waste Authority v. Parker

Court: Fla. Dist. Ct. App. | Date Filed: 1993-08-25T00:00:00-07:00

Citation: 622 So. 2d 1014, 1993 Fla. App. LEXIS 8736, 1993 WL 321014

Snippet: of appellate fees to appellee is denied. Section 73.131(2), Florida Statutes (1989), is plain and unambiguous

Department of Transportation v. Fowler

Court: Fla. Dist. Ct. App. | Date Filed: 1993-04-16T00:00:00-07:00

Citation: 621 So. 2d 689, 1993 Fla. App. LEXIS 4212, 1993 WL 114640

Snippet: landowner is entitled to reimbursement under section 73.131(2), Florida Statutes, or other authority. See County

Schick v. FLA. DEPT. OF AGRICULTURE AND CONSUMER SERVICES

Court: Fla. Dist. Ct. App. | Date Filed: 1991-09-18T00:53:00-07:00

Citation: 586 So. 2d 452

Snippet: services fall within the scope of sections 73.091 and 73.131, Florida Statutes (1989), and that appellants did…attorney's fees, pursuant to sections 73.091 and 73.131, Florida Statutes (1989), for the services of appellants…enforce the condemnees' rights. §§ 73.091 and 73.131, Fla. Stat. (1989); State Road Dept. v. Lewis, …payable by the state pursuant to sections 73.091 and 73.131. See State Dept. of Transportation v. Shaw, 303…this appeal is also granted pursuant to section 73.131(2). The amount of a reasonable fee for such services

Lee County v. Tohari

Court: Fla. Dist. Ct. App. | Date Filed: 1991-06-28T00:53:00-07:00

Citation: 582 So. 2d 104

Snippet: attorney's fees in the trial court. Section 73.131(2), Florida Statutes (1989), appears to mandate

Buckley v. City of Miami Beach

Court: Fla. Dist. Ct. App. | Date Filed: 1990-04-03T00:00:00-07:00

Citation: 559 So. 2d 310, 1990 Fla. App. LEXIS 2235, 1990 WL 37428

Snippet: Fla.Stat. (1979); § 73.061(2), Fla. Stat. (1979); § 73.131, Fla.Stat. (1979); Fla. R.Civ.P. 1.530 and Fla.

Dama v. Record Bar, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1987-08-26T00:53:00-07:00

Citation: 512 So. 2d 206

Snippet: from the City of Tallahassee pursuant to section 73.131(2), Florida Statutes. While this statute provides… not involve the statutory exception of section 73.131(2), Florida Statutes, for appeals taken by a defendant…appellate fee is thus not authorized by section 73.131(2). But see Terry v. Conway Land Inc., 508 So.2d

Salley v. City of St. Petersburg

Court: Fla. | Date Filed: 1987-07-16T00:53:00-07:00

Citation: 511 So. 2d 975

Snippet: #39;s fees. We deal only with that order. Section 73.131(2), Florida Statutes (1985), provides: The petitioner…affirmed. In Denmark this Court construed section 73.131(2) to require the payment of appellate attorney