Florida Power and Light v. Flichtbeil, 86-1369
| Decision Date | 27 August 1987 |
| Docket Number | No. 86-1369,86-1369 |
| Citation | 513 So.2d 1078,12 Fla. L. Weekly 2081 |
| Parties | 12 Fla. L. Weekly 2081 FLORIDA POWER AND LIGHT, Appellant, v. Reinhold FLICHTBEIL, et al., Appellees. |
| Court | Florida District Court of Appeals |
Barry R. Davidson and John W. Little, III, of Steel, Hector & Davis, Miami, for appellant.
Richard J. Geisert, Miami Beach, for appellees.
Florida Power and Light Company appeals an order awarding appraiser's fees to appellee Joe Miller in a condemnation action. The court below had no authority to award appraiser's fees and accordingly we quash the order.
In 1983, Florida Power and Light sought to condemn an easement across land in Putnam County for the construction of a transmission line. The respondents included the Millers, who own several parcels sought to be condemned. Joe Miller, an attorney and part owner of several parcels, appeared on behalf of the Millers. Miller retained a real estate broker to perform appraisal services. A settlement was eventually reached between Florida Power and Light and the Millers. The trial court awarded the Millers $40,250 for attorney's fees and $25,740 for appraiser's fees.
Florida Power and Light appealed the awards of attorney's fees and appraisal costs. Florida Power and Light Company v. Flichtbeil, 475 So.2d 1250 (Fla. 5th DCA 1985). On appeal, this court held that the award of attorney's fees approached the bounds of judicial propriety, but did not exceed them and therefore reluctantly affirmed the award. As to appraiser's fees, however, this court held that the record did not support the award and reversed that portion of the judgment awarding appraisal costs.
The Millers filed a motion for rehearing and reconsideration of this opinion, arguing in part that the evidence supported the award of appraiser's fees. The Millers later moved this court to allow an amendment to the motion for rehearing. The Millers pointed out that this court did not expressly state that the issue of appraiser's costs could be reconsidered by the trial court and requested this court to clarify its opinion to provide that the portion of the order pertaining to appraisal fees was reversed and remanded to the trial court for another hearing on the issue. The motion for rehearing and the motion to allow an amendment to the motion for rehearing were both denied.
After being denied relief at the appellate level, the Millers moved the trial court to assess attorney's fees and costs. After a hearing was held, the...
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