Florida Eminent Domain Law
 

BASS VENTURE CORPORATION AND BASS MANAGEMENT GROUP, LLC vs DEVOM, LLC

Tampa, Florida - Business Law lawyer represented Appellants with in a dispute regarding hotel signage.



The parties operate two competing hotels on adjacent
properties on the same block. Although the hotels share road
access, only Bass's hotel fronts the main road; someone entering... More...
   $0 (07-09-2022 - FL)

DR. EVELYN LOPEZ-BRIGNONI, et al., vs FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, et al.,

Miami, Florida - Liability Attorney, destruction of healthy residential citrus trees


This case arises from the destruction of healthy residential citrus trees located
within 1900 feet of a citrus tree infected with citrus canker, a bacterial infection
causing lesions on the leaves, stems, and fruit. These healthy trees were destroyed
by the Department as part of the CC... More...
   $0 (10-06-2020 - FL)

United States of America v. Elaine M. Levidow





Fort Myers, FL - The United States of America charged Elaine M. Levidow, age 60, with wire fraud and Student Assistance fraud.

According to the indictment, Levidow owned and operated the Training Domain, an educational institution in Fort Myers that held it... More...
   $0 (09-11-2020 - FL)

ANGEL SANTIAGO-GONZALEZ vs. STATE OF FLORIDA












The Incident and Response
Around 9:40 p.m. on the night of January 9, 2014, corrections officers
responded to a disturbance in the K dormitory at the RMC. Captain William
Ha... More...
   $0 (06-29-2020 - FL)

B. ADAM BERLIN, et al. vs DEPT. OF TRANSPORTATION


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After a stipulated final judgment was entered in a condemnation case, appellants filed a claim for attorneys’ fees. The appellee Department of Transportation moved to strike the claim on grounds it failed to meet... More...
   $0 (01-09-2020 - FL)

MICHAEL SKAKEL v. COMMISSIONER OF CORRECTION

The facts of this tragic case, which arises out of events that transpired more than forty years ago, are set forth in considerable detail in the habeas court’s memorandum of decision and in this court’s decision on the petitioner’s direct appeal.2 See State v. Skakel, supra, 276 Conn. 640–53. For present purposes, we focus our attention on those facts and procedural history that are most relevant ... More...    $0 (05-05-2018 - FL)

Barry Edward Ellis vs State of Florida

In this direct criminal appeal, Ellis claims that the trial court erred in denying his motion for judgment of acquittal on the charge of aggravated fleeing or attempting to elude “a law enforcement officer in an authorized law enforcement vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated” pursuant to section 316.19... More...    $0 (05-04-2018 - FL)

Theresa Graham v. R.J Reynolds Tobacco Company, et al.

This appeal presents the questions whether due process forbids giving a
jury’s findings of negligence and strict liability in a class action against cigarette
manufacturers preclusive effect in a later individual suit by a class member and, if
not, whether federal law preempts the jury’s findings. Florida smokers and their
survivors filed a class action against several tobacco comp... More...
   $0 (05-18-2017 - FL)

Kate Calvin, et al. v. Jefferson County Board of Commissioners, et al.

Imagine a fictional Florida county—I’ll call it Marshall County—with a total census population of 12,000. Marshall County is run by a board of commissioners comprised of five peo-ple, each of whom is elected from a single-member district with a total census population of exactly 2,400. The Marshall County School Board, which also has five members, uses the same district lines. Case 4:15-cv-00131-M... More...    $0 (03-24-2016 - FL)

Peter Nalasco v. Buckman, Buckman & Reid, Inc.

This is an appeal from a $22,000 attorney’s fee judgment in favor of the prevailing parties in a securities arbitration case. Counsel for the prevailing parties sought fees in the neighborhood of $300,000. The prevailing parties have appealed, arguing, among other things, that the findings in the judgment are inadequate. We agree and thus reverse the fee judgment, for this reason and for others, a... More...    $0 (07-15-2015 - FL)

Ann Teitelbaum v. South Florida Water Management District

Ann Teitelbaum and a group of private property owners (“the Plaintiffs”)
appeal the trial court’s order granting final summary judgment against their claims
for inverse condemnation and de facto constitutional takings, which they pursued
under a theory of “condemnation blight.” However, Florida law is quite clear that
condemnation blight, while relevant to the valuation of property... More...
   $0 (07-08-2015 - FL)

United States of America v. Jesus Rosales-Bruno

This is the second appeal to come before us involving a sentence imposed on
Jesus Rosales-Bruno because of his conviction for illegally reentering the United
States in violation of 8 U.S.C. § 1326. In the first appeal we vacated his original
sentence after concluding the district court had erred in finding that his prior
Florida conviction for false imprisonment qualified as a “... More...
   $0 (06-19-2015 - FL)

Paul B. Tartell, M.C. v. South Florida Sinus and Allergy Center, Inc. and Lee M. Mandel, M.D.

This appeal requires us to decide whether the district court clearly erred when it found that a physician’s name had acquired “secondary meaning,” Tana v. Dantanna’s, 611 F.3d 767, 774 (11th Cir. 2010) (internal quotation marks omitted). Dr. Paul B. Tartell and Dr. Lee M. Mandel jointly practiced medicine in South Florida until 2011. After they split their practices, Dr. Mandel registered ... More...    $0 (06-25-2015 - FL)

Alachua County v. Expedia, Inc.

This case is before this Court for review of the decision of the First District
Court of Appeal in Alachua County v. Expedia, Inc., 110 So. 3d 941 (Fla. 1st DCA
2013). In its decision, the district court certified the following question of great
public importance:
DOES THE “LOCAL OPTION TOURIST DEVELOPMENT ACT,”
CODIFIED AT SECTION 125.0104, FLORIDA STATUTES,
IMPOSE A T... More...
   $0 (06-11-2015 - FL)

S.L. Wade v. D.T. Wade

S.L. Wade (“Mother”) petitions this Court for a writ of certiorari to review the trial court’s sua sponte order requiring her to: (1) submit to a psychological examination with a focus on anger control under Florida Rule of Civil Procedure 1.360 and Florida Family Law Rule of Procedure 12.360; and (2) participate in the parties’ oldest child’s therapy during her timesharing in Florida. F... More...    $0 (10-23-2013 - FL)

Daniel Delmonico v. Tony Crespo

Daniel Delmonico appeals a final order awarding attorney’s fees and costs to Donovan Marine, Inc. (“DMI”). DMI cross-appeals. Of the issues raised on appeal and cross-appeal, we find that two have merit. We find that the trial court abused its discretion in failing to make specific findings as to the number of hours reasonably expended and in awarding nontaxable costs as a sanction under sec... More...    $0 (12-10-2012 - FL)

City of Boynton Beach v. Frank Janots

The City of Boynton Beach (the “City”) appeals the trial court’s denial of its motion to use proceeds from a taking to satisfy an outstanding code enforcement lien. We reverse.

The facts below are undisputed. Theodore Ryan owned two parcels of property within the City’s jurisdictional limits. One was his homestead property (“Parcel 1”), and one was a vacant lot (“Parcel 2”).... More...
   $0 (10-10-2012 - FL)

City of Boca Raton v. Martin Siml

The City of Boca Raton (“the City”) appeals from a final order granting a writ of mandamus compelling the City to process a citizen initiative petition that would enact an ordinance to amend the city code. In addition, the Greater Boca Raton Beach and Park District (“the District”) appeals the trial court’s denial of its motion to intervene. We affirm the trial court’s order of mandamu... More...    $0 (09-14-2012 - FL)

Lee County Electric Cooperative, Inc. v. City of Cape Coral

Several years ago the City of Cape Coral began a construction project to rework an intersection. The plan required the expansion of an existing road into a public utility easement where Lee County Electric Cooperative ("LCEC") had placed its electric lines. Thus, LCEC was forced to relocate its lines to another public utility easement. The parties disagreed about which of them was responsible for ... More...    $0 (08-29-2012 - FL)

William Turkali v. The City of Safety Harbor and Pinellas County

William Turkali challenges the final judgment entered in favor of the City of Safety Harbor and Pinellas County by which his claim under the Bert Harris Private Property Protection Act ("The Act")1 was dismissed. We affirm.

Mr. Turkali owns waterfront residential property in Safety Harbor. His parcel consists of approximately 0.25 acres (some of which was unusable due to being under water) ... More...
   $0 (07-26-2012 - FL)

Pinellas County v. Donna K. Baldwin

Donna K. Baldwin filed an action in Hillsborough County against Pinellas County (the County) for the inverse condemnation of her land located wholly within Hillsborough County. The County moved to dismiss the action for improper venue, claiming its home venue privilege. The circuit court denied the motion, and the County appeals.1 Because Ms. Baldwin's complaint for inverse condemnation invoked th... More...    $0 (01-20-2012 - FL)

Pompano Beach Community Development Agency v. Jeffrey Holland

This appeal challenges the trial court’s application of section 73.092, Florida Statutes (2008), to award attorney’s fees in an eminent domain proceeding. The parties disagree on which of three writings constitute the “first written offer” under the statute. The trial court found that an unexecuted contract was the first written offer. We disagree and reverse. In 2004, the government1 soug... More...    $0 (09-14-2011 - FL)

Crystal Entertainment & Filmworks, Inc. v. Jeanette Jurado

This appeal is from a judgment against an entertainment company that sued the current members of “ExposĂ©,” an American girl dance band, about the trademark name of the band. Crystal Entertainment & Filmworks, Inc., is the purported assignee of the trademark rights of Pantera Group Enterprises and Pantera Productions, Inc., which created the original ExposĂ© band in 1984. The current members o... More...    $0 (06-21-2011 - FL)

City of Naples v. Jack R. Moon

This is a direct appeal from a judgment of the Circuit Court, Collier County, that the following laws were unconstitutional: Laws 1968, ch. 68--94, creating the City of Naples Parking Authority; Laws 1969, ch. 69--1325, amending Ch. 68--94 and granting additional powers to the City of Naples Parking Authority; Laws 1969, ch. 69--1327, amending Ch. 68--94 and creating the Fifth Avenue Parking Tax D... More...    $0 (12-14-1972 - FL)

Pensacola Motor Sales, Inc. v. Eastern Shore Toyota, L.L.C.

Pensacola Motor Sales, Inc. sued Shawn Esfahani, Daphne Enterprises, Inc., and Eastern Shore Toyota, L.L.C. on an Anti-cybersquatting Consumer Protection Act violation theory claiming that Defendant wrongfully bought a "Bob Tyler Toyota". domain names. Esfahani purchased 14 Internet domain names with "Bob Tyler" or other variations on the name with the intent to misdirect people to his Eastern Sho... More...    $0 (10-01-2010 - FL)

System Components Corporation v. Florida Department of Transportation

In this case, we review System Components Corp. v. Department of Transportation, 985 So. 2d 687 (Fla. 5th DCA 2008), in which the Fifth District Court of Appeal certified that its decision directly conflicts with the decision of the Fourth District Court of Appeal in State Department of Transportation v. Tire Centers, LLC, 895 So. 2d 1110 (Fla. 4th DCA 2005). We thus possess and exercise our discr... More...    $0 (07-09-2009 - FL)

Gil Eriksen Properties, LLC v. Pompano Beach Community Redevelopment Agency

The appellant property owner raises several issues in this eminent domain proceeding; however, the owner’s failure to timely raise the issues in the trial court precludes relief.

After the appellee agency filed this suit involving two properties of the owner, an agreed order of taking was entered, providing for stipulated values for both pieces. The agency deposited the correct amounts in... More...
   $0 (01-05-2009 - FL)

Michael Penzer, as assignee of Southeast Wireless, Inc. v. Transportation Insurance Company v. Southeast Wireless, Inc., Nextel South Corp.

This appeal involves an insurance coverage dispute. Appellant Michael Penzer (“Penzer”) is the assignee of Southeast Wireless, Inc. (“Southeast”). Appellee Transportation Insurance Company (“Transportation”) issued to Southeast a commercial liability policy that included coverage for “advertising injury.” Penzer and Southeast entered into a class action settlement1 of claims that S... More...    $0 (10-23-2008 - FL)

Carman Licciardello v. Rendy Lovelady

Carman Licciardello brought this action in the Middle District of Florida against Rendy Lovelady under the Lanham Act for trademark infringement and related claims arising out of Lovelady’s allegedly unauthorized use of Licciardello’s name, photograph, and apparent endorsement of Lovelady on a website. Lovelady, who resides in Tennessee, filed a Motion to Dismiss for Lack of Personal Jurisdict... More...    $0 (10-21-2008 - FL)

Miccosukee Tribe of Indians of Florida v. United States of America

The Miccosukee Tribe of Indians (the "Tribe") appeals from an order granting summary judgment in favor of the United States of America; the Environmental Protection Agency; Stephen L. Johnson, Administrator of the EPA; and Jimmy Palmer, Regional Administrator of EPA Region IV (collectively the "EPA") with respect to the Tribe's claims pursuant to the Freedom of Information Act ("FOIA"). The T... More...    $0 (02-21-2008 - FL)

Jacksonville Transportation Authority v. Joseph Santoni, et al.

The Jacksonville Tranportation Authority sought to acquire by eminent domain certain rights, title and interests in defendants properties to build the final segment of the Wonderwood Connector.... More...    $186700 (08-29-2006 - FL)

Mirza Shamim Ahmed Beg. v. Islamic Republic of Pakistan, Pakistan Army, The Government of Punjab

2 This case involves the issue of whether a foreign government's expropriation of property and subsequent failure to compensate for the expropriation falls under the commercial activity exception to the Foreign Sovereign Immunities Act. See 28 U.S.C. § 1605(a)(2). The district court found that the commercial activities exception did not apply. We affirm.

I. Background

Mirza Shamim ... More...    $0 (12-22-2003 - FL)

Bulkmatic Transport Company, et al. v. Darryl C. Taylor

Appellants, Bulkmatic Transport Company ("Bulkmatic") and Stephen Farnham, appeal the trial court's order granting appellee, Darryl C. Taylor, a new trial. On appeal, appellants contend that the trial court erred in granting appellee a new trial because the four grounds relied upon by the trial court, both individually and in combination with one another, did not warrant such a result. We ag... More...    $0 (08-27-2003 - FL)

Tilden Groves Holding Corp. v. Orlando/Orange County Expressway, etc., et al.

Tilden Groves Holding Corporation (Tilden Groves) appeals from a non-final order granting the Orlando/Orange County Expressway Authority’s (Expressway Authority) Florida Rule of Civil Procedure 1.540 motion to set aside a stipulated final judgment. This court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(5).

The Expressway Authority filed its petition in emin... More...    $0 (03-08-2002 - FL)

Leon County, Florida v. Bradfordville Phipps Limited Partnership

Leon County challenges a summary final judgment which was entered upon the appellee's complaint for declaratory and injunctive relief. In this order the court ruled that Leon County is estopped from applying certain ordinances to the appellee's property, and that the appellee may develop the property in accordance with prior zoning ordinances, and that Leon County shall review and grant or deny... More...    $0 (08-14-2002 - FL)

Tonay A. Rukab and Aida T. Rukab v. City of Jacksonville Beach, et al.

Tony M. Rukab and Aida T. Rukab, his wife, appeal from an order of taking in an eminent domain action. The court found that the appellees, City of Jacksonville Beach and the Jacksonville Beach Community Redevelopment Agency (the City), had shown a public purpose and reasonable necessity for taking the Rukabs’ property.

The Rukabs raise a number of issues on appeal. The issue concernin... More...    $0 (02-26-2002 - FL)

Department of Transportation v. Enterprising Professional Investment Company

The Department of Transportation appeals from the award of litigation costs and an expert appraiser's fee to Enterprising Professional Investment Company (EPIC) in an eminent domain proceeding.

* * *

On February 11, 2000, a final judgment was entered that incorporated a jury verdict awarding EPIC $65,000 for the value of land taken and severance damages. The final judgment also reserved ju... More...    $0 (01-25-2002 - FL)

Gridiron.com, Inc. v. National Football League, Player's Association, Inc., et al.

Plaintiff operates a domain of Internet websites devoted to professional football. Defendant NFLPA is the recognized union for the National Footbal League Players. NFL Players, Inc. is a for-profit subsidiary of the NFLPA, engaged in the business of licensing intellectual property rights to NFL Players.

Plaintiff contrated with over one hundren and fifty NFL players. This issue was wheather... More...    $0 (07-11-2000 - FL)

Seminole County v. Sanford Court Investors, Ltd., et al.

Eminent Domain-Landlord Tenant-The plaintiffs filed suit against a landlord for condemnation of a piece of private property for the purpose of street widening and to improve the drainage system. As a result of the condemnation, the renter lost several parking places at their building that used by customers. While the trial for eminent domain was still ongoing, the renters were informed that the... More...    $145000 (10-22-1999 - FL)

Brevard County, Florida v. A. Duda & Sons, Inc.

Eminent Domain - Brevard County obtained and order to take 240 acres of property from the defendant in order to build artificial wetlands that would be used for disposal and treatment of the county's wastewater plant. This plant allows some of the partially-treated wastewater to drain into a canal that is owned by the defendant.. The plaintiff then filed an amended order stating that there should ... More...    $0 (09-22-1999 - FL)

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