Date: 10-22-1999

Case Style: Seminole County v. Sanford Court Investors, Ltd., et al.

Case Number: 98-1700

Judge: O. H. Eaton, Jr.

Court: Circuit Court, Seminole County, Florida

Plaintiff's Attorney: Robert A. McMillan, County Attorney, Sanford, Florida Henry M. Brown, Assistnat County Attorney, Sanford, Florida

Defendant's Attorney: Mark R. Leavitt, of Wilson, Leavitt and Small, Orlando, Florida Kurt Garber, of Wilson, Leavitt and Small, Orlando, Florida Kimberly A. Ashby, of Akerman, Senterfitt and Eidson, Orlando, Florida

Description: 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 their leases would not be renewed and advised them to vacate the building. The building was then destroyed and a larger one built in its place, but with no rental property. Judgments were reached in August 1997, but the renters and defendant could not reach a settlement for their claim of business damages regarding the loss of the parking spaces before trial, so the renters also became part of the action.

Outcome: Defednants were awarded $145,000.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Affirmed in part and reversed in part and remanded with direction of District Court of Appeal of Florida, Fifth District. See 743 So. 2d 1165 (Fla. App. 5 Dist. 1999). Note: The above date reflects that of the appellate court and not that of the original trial. Reported by jjb.