State Dept. of Transp. v. Brouwer's Flowers, Inc., 91-02672

Decision Date17 June 1992
Docket NumberNo. 91-02672,91-02672
Citation600 So.2d 1260
PartiesSTATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant/Cross Appellee, v. BROUWER'S FLOWERS, INC., Appellee/Cross/Appellant. 600 So.2d 1260, 17 Fla. L. Week. D1527
CourtFlorida District Court of Appeals

Thornton J. Williams, Gen. Counsel and Thomas F. Capshew, Asst. Gen. Counsel, for appellant/cross-appellee.

Ernest S. Marshall, Bradenton, for appellee/cross appellant.

BLUE, Judge.

The Department of Transportation (DOT) and the landowner, Brouwer's Flowers, Inc. (Brouwer's) appeal and cross-appeal an award of attorney's fees in this eminent domain action. We find merit only as to DOT's contention that pre-judgment interest on the award of attorney's fees was improper.

Ernest S. Marshall (Marshall) represented Brouwer's from April 1981 until another attorney was substituted in December 1986. On July 5, 1989, DOT and Brouwer's entered into a stipulated final judgment reserving the issue of attorney's fees and costs. Marshall filed his motion for attorney's fees on March 8, 1991, and hearing on this motion was set in April 1991, then continued until June at the request of Marshall.

The order setting attorney's fees and costs awarded interest on attorney's fees, from July 5, 1989, the date of the stipulated judgment, except for fees incurred after that date. We find no statutory authority for entitlement to interest on attorney's fees in eminent domain cases before the trial court's determination of the amount of attorney's fees.

This matter is reversed and remanded to the trial court to reduce the order on attorney's fees and costs by $6,032.95, the amount of interest awarded. In all other respects the court's order is affirmed.

HALL, A.C.J., and THREADGILL, J., concur.

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4 cases
  • Fischbach & Moore, Inc. v. McBro, Div. of McCarthy Bros. Co.
    • United States
    • Florida District Court of Appeals
    • May 4, 1993
    ...date the court awarded it attorney's fees. We agree. The court based its amended final judgment on Department of Transportation v. Brouwer's Flowers, Inc., 600 So.2d 1260 (Fla. 2d DCA 1992). In that case, the second district found "no statutory authority for entitlement to interest on attor......
  • Boulis v. Florida Dept. of Transp.
    • United States
    • Florida Supreme Court
    • April 1, 1999
    ...is so ordered. HARDING, C.J., and SHAW, WELLS, ANSTEAD and PARIENTE, JJ., concur. 1. Notably, in State Department of Transportation v. Brouwer's Flowers, Inc., 600 So.2d 1260 (Fla. 2d DCA 1992), the district court summarily reached a contrary conclusion as this issue applies to attorney's f......
  • State, Dept. of Transp. v. Interstate Hotels Corp., #105, 97-2246
    • United States
    • Florida District Court of Appeals
    • May 27, 1998
    ...665 (Fla.1992), not free to depart from the only District Court of Appeal decision on point, State, Department of Transportation v. Brouwer's Flowers, Inc., 600 So.2d 1260 (Fla. 2d DCA 1992), which holds that there is no such entitlement, she did so anyway. In sharp contrast, we are entitle......
  • Hartleb v. State, Dept. of Transp.
    • United States
    • Florida District Court of Appeals
    • May 27, 1998
    ...interest on the attorney's fee award from the date the entitlement to fees was first determined. In Department of Transportation v. Brouwer's Flowers, Inc., 600 So.2d 1260 (Fla. 2d DCA 1992), the court held that there is "no statutory authority for entitlement to interest on attorney's fees......

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