Florida Statutes

Fla. Stat. § 73.131 (2025)

Appeals; costs.

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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upon the filing of a certificate by the clerk of the circuit court stating that the defendant taking the appeal has withdrawn the amount due him or her.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.

Notes of Decisions

Cited in 41 cases (2 in the last 5 years), 1966–2024 · leading case: Behm v. Div. of Admin., Etc., 383 So. 2d 216 (Fla. 1980).

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Behm v. Div. of Admin., Etc., 383 So. 2d 216 (Fla. 1980). · cites it 5× “[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.”

Tosohatchee Game Pres. v. Cent. & So. Fla. Fl. CD, 265 So. 2d 681 (Fla. 1972). · cites it 6× “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.”

Seminole Cnty. v. Delco Oil, Inc., 669 So. 2d 1162 (Fla. 5th DCA 1996). · cites it 4× “§ 73.131(2), Fla.Stat. (1993). REVERSED and REMANDED.”

Dama v. Record Bar, Inc., 512 So. 2d 206 (Fla. 1st DCA 1987). · cites it 5× “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. While this statute provides for an assessment of attorney's fees we construe the enactment as not…”

Salley v. City of St. Petersburg, 511 So. 2d 975 (Fla. 1987). · cites it 3× “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…”

Theodore Ryan v. City of Boynton Beach, etc., & Frank Janots, 157 So. 3d 417 (Fla. 4th DCA 2015). · cites it 7× “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…”

State, Dep't of Transp. v. Skinners Wholesale Nursery, Inc., 736 So. 2d 3 (Fla. 1st DCA 1998). · cites it 6× “2d at 835 ; § 73.131(2), Fla.Stat. (1993). Further, even if the enhancement is viewed as a “results obtained” adjustment to the lodestar, certain of the factors that were submitted below and considered as support for the enhancement are typically reflected in the lodestar itself.”

Seminole Cnty. v. Boyle Inv. Co., 724 So. 2d 645 (Fla. 5th DCA 1999). · cites it 7× “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.”

Dep't of Transp. v. Gefen, 636 So. 2d 1345 (Fla. 1994). · cites it 2× “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.”

Div. Of Admin., State, Dept of Transp. v. Allen, 447 So. 2d 1383 (Fla. 5th DCA 1984). · cites it 2× “We REVERSE and REMAND for further proceedings consistent herewith. Peterson's motion for attorney fees is hereby granted.”

Brevard Cnty. v. Canaveral Props., Inc., 696 So. 2d 1244 (Fla. 5th DCA 1997). · cites it 3× “Appellate attorney fees in eminent domain cases are authorized by section 73.131. That section provides: (1) Appeals in eminent domain actions shall be taken in the manner prescribed by law and in accordance with appellate rules, .”

City of Miami Beach v. Manilow, 253 So. 2d 910 (Fla. 3d DCA 1971). · cites it 4× “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.”

Show all 41 citing cases →

— 73.131(1) — 2 cases

Behm v. Div. of Admin., Etc., 383 So. 2d 216 (Fla. 1980). “[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.”

Behm v. Div. of Admin., State Dep't of Transp., 366 So. 2d 828 (Fla. 4th DCA 1979).

— 73.131(2) — 24 cases

Seminole Cnty. v. Delco Oil, Inc., 669 So. 2d 1162 (Fla. 5th DCA 1996). “§ 73.131(2), Fla.Stat. (1993). REVERSED and REMANDED.”

Dama v. Record Bar, Inc., 512 So. 2d 206 (Fla. 1st DCA 1987). “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. While this statute provides for an assessment of attorney's fees we construe the enactment as not…”

Salley v. City of St. Petersburg, 511 So. 2d 975 (Fla. 1987). “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…”

State, Dep't of Transp. v. Skinners Wholesale Nursery, Inc., 736 So. 2d 3 (Fla. 1st DCA 1998). “2d at 835 ; § 73.131(2), Fla.Stat. (1993). Further, even if the enhancement is viewed as a “results obtained” adjustment to the lodestar, certain of the factors that were submitted below and considered as support for the enhancement are typically reflected in the lodestar itself.”

Dep't of Transp. v. Gefen, 636 So. 2d 1345 (Fla. 1994). “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.”

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