HomeMy WebLinkAbout2608 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT January TERM 1979
THE STATE OF FLORIDA DEPARTMENT ~ T1O'I' FINAL ~LT~ EXPIRES
OF TRANSPORTATION, ) 'PO PILE REHF~RING PE'T'ITION
App a 11 an t , ) A~• ~ FILED, DISPQSED OF.
v, ) CASE N0. 77-469.
RICHARD S. DENMARK, et al., )
Appellee. )
's
Opinion filed January 10, 1979.
Appeal from the Circuit Court
for St. Lucie County;
Dwight Luther Geiger, Judge.
H. Reynolds Sampson, General "
Counsel, and Andrew Schuster
and Alan E. DeSerio, Attorneys,
Tallahassee, for appellant.
Sam Daniels of Daniels and Hicks,
Miami, and Kelly, Black, Black,
Wright & Earle, Miami, and Brown,
Paxton & Williams, Fort Pierce,
for appellees.
PER CURIA24.
.
i
f The State of Florida Department of Transportation
E
E appeals from an order granting defendant landowners' motion
f
for judgment notwithstanding the verdict as to the amount
~ of severance damages to defendants' remaining land after
i
condemnation. Appellant, D.O.T., contends that the trial
court erred by directing a $229,850.00 award for severance
damages. Appellant contends that-the jury's verdict
specifying $48,000.00 for severance damages was within the
n
range of testimony presented and should have been allowed
~ to stand.
The State of Florida filed a complaint seeking to
appropriate 37.46 acres of a 99.59 acre tract for a traffic
interchange to be constructed at the junction of Interstate
95 and State Road 70. At a jury trial, the State presented
aeon 304 PACE2645 t
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