The 2023 Florida Statutes (including Special Session C)
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. . . . § 73.091, Fla. Stat. (2012).' . . .
. . . Appellants argue that an award of costs in an inverse condemnation action is governed by section 73.091 . . . shall pay “all reasonable costs incurred in the defense of the proceedings in the circuit court.” § 73.091 . . . Section 73.091 has been found by this court to be applicable in successful inverse condemnation actions . . . However, we see no reason to apply section 73.091 in an inverse condemnation action where, as in the . . . Accordingly, we conclude that the trial court erred in its determination that section 73.091, rather . . .
. . . 1996) (fees attributable to services as a litigation consultant were not recoverable under section 73.091 . . .
. . . Primarily, it argues that the court erred by not using the “benefits achieved” standard of section 73.091 . . . awarded in an inverse condemnation also must be determined within the statutory framework of section 73.091 . . . project for which the taking is considered necessary and the fee owner’s statutory rights under section 73.091 . . . Palma has been applied to attorney’s fees awarded in condemnation proceedings under section 73.091, Florida . . . Section 73.091(1) supports this view, as it allows fees incurred “in defense of the proceeding.” . . .
. . . 1996) (fees attributable to services as a litigation consultant were not recoverable under section 73.091 . . .
. . . parties agreed that the District was entitled to its attorneys’ fees and costs pursuant to sections 73.091 . . .
. . . Church) awarding costs incurred in defending an eminent domain proceeding instituted pursuant to section 73.091 . . .
. . . for a project, the nature of the project, and the property owner's statutory rights under sections 73.091 . . .
. . . Sections 73.091 and 73.092 specifically relate to condemnation proceedings, including inverse condemnation . . .
. . . governing eminent domain actions in Florida, provides for attorney’s fee awards in three sections: 73.015, 73.091 . . . claims in lieu of condemnation shall be entitled to recover costs in the same manner as provided in s. 73.091 . . . Section 73.091(1) states in pertinent part that: “The petitioner shall pay attorney’s fees as provided . . . 693 So.2d 703 (Fla. 2d DCA 1997), a situation for which entitlement to fees is established by section 73.091 . . .
. . . entitled to recover the costs of expert witnesses in support of a business damage claim under section 73.091 . . . The issue at the hearing and on appeal involves the interpretation of section 73.091(1), which states . . . Although section 73.091 could be better drafted, strictly construed, it establishes a condition precedent . . . The condition precedent is satisfied when “business damages are compensa-ble.” § 73.091(1). . . . The express language of section 73.091 appears to require the condemning authority to pay only for "a . . .
. . . Under section 73.091(1), Florida Statutes (2004), the condemning authority was required to pay attorneys . . .
. . . Section 73.091(1) of the Florida Statutes authorizes Florida’s courts to direct DOT to pay reasonable . . . that the owner had no contractual obligation to pay its experts for their efforts, because section 73.091 . . . DCA 2004) (holding that a post-trial proceeding to recover attorney’s fees and costs under section 73.091 . . .
. . . that the owner had no contractual obligation to pay its experts for their efforts, because section 73.091 . . . Mar.5, 2004) (holding that a post-trial proceeding to recover attorney’s fees and costs under section 73.091 . . . We do agree with DOT that the lower court erred by failing to make the findings required by section 73.091 . . . Section 73.091(5) specifically states: “The court shall make specific findings that justify each sum . . . sufficiency of the findings in the latter order, and it appears from subsections (2), (3), and (4) of section 73.091 . . .
. . . fees incurred during posttrial proceedings to recover the costs of their experts pursuant to section 73.091 . . .
. . . Robbins & Robbins, Inc., 700 So.2d 782, 785 (Fla. 5th DCA 1997) (barring fees for fees under §§ 73.091 . . .
. . . s fees incurred during posttrial proceedings to recover the cost of her experts pursuant to section 73.091 . . .
. . . fees EPIC had incurred during posttrial proceedings to recover the cost of its experts under section 73.091 . . . After entry of the final judgment, EPIC moved to tax its attorney’s fees and costs under section 73.091 . . .
. . . Section 73.091 sets forth the parameters within which to award attorney’s fees. . . . thus held that “in determining the reasonableness of an attorney’s fee award, made pursuant to section 73.091 . . . t]he award of attorneys’ fees in condemnation proceedings is governed by the provisions of sections 73.091 . . . this clear supreme court precedent because the owners in Schick assumed without question that sections 73.091 . . .
. . . Robbins and Robbins, Inc., 700 So.2d 782, 785 (Fla. 5th DCA 1997) (barring fees for fees under sections 73.091 . . .
. . . Section 73.091, Florida Statutes (1998) governs the award of fees and costs in eminent domain proceedings . . . accept employment for the fees and costs awarded by the court pursuant to Florida Statute, section 73.091 . . . See § 73.091(1), Fla. Stat. (1998). . . . Section 73.091(1) addresses costs of eminent domain proceedings and provides for payment of attorney’ . . .
. . . Regarding the motions to tax attorney’s fees and costs, section 73.091, Florida Statutes (2000), obligates . . . section 73.051, and they must prove the amount of their recoverable fees and costs pursuant to sections 73.091 . . .
. . . The landowner filed a motion to tax costs pursuant to section 73.091, Florida Statutes (Supp.1994), and . . .
. . . . § 73.091(1), Fla. Stat. (1997). . . .
. . . The County contended that her fees were not “compensable” within the meaning of section 73.091(1), Florida . . . The right to recover fees for a business damage expert is controlled by section 73.091, Florida Statutes . . . proceedings in the circuit court, including a reasonable attorney’s fee to be assessed by that court.” § 73.091 . . .
. . . The entitlement to recovery of fees and costs is controlled by section 73.091, Florida Statutes (1991 . . . Prior to the amendment to section 73.091, only one Florida court appears to have held that “expert” witness . . . found that these expenses should be considered as “reasonable costs” within the meaning of section 73.091 . . . Section 73.091 is a badly written statute but appears to authorize compensation for business damage experts . . . Under section 73.091, business damage expert fees are to be recovered only when business damages are . . .
. . . Further, the governing statute, section 73.091, Florida Statutes (1997), provides for the payment of . . .
. . . The court reasoned: Section 73.091, Florida Statutes (1993), provides for the award of attorney’s fees . . . We conclude an ownership interest in the property is required for a fee award under section 73.091, even . . . Because section 73.091 authorizes the award of fees only to a party with an ownership interest in the . . . Butler, 676 So.2d 451, 454 (Fla. 5th DCA), rev. den., 686 So.2d 581 (Fla.1996) (Noting that section 73.091 . . .
. . . the trial court erred because it failed to calculate the attorneys’ fees in conformity with sections 73.091 . . . Therefore, section 73.091(1), Florida Statutes (Supp.1994), does not apply. . . .
. . . On the same day, Gibbins filed a motion for attorney’s fees pursuant to sections 73.091 and 73.092, Florida . . . is entitled to an award of its attorney’s fees incurred in the defense of the “taking” pursuant to § 73.091 . . . condemnation proceedings, and Gibbins was therefore not entitled to attorney’s fees pursuant to section 73.091 . . . Entitlement to costs and attorney's fees under section 73.091 survives voluntary dismissal of a petition . . .
. . . Section 73.091, Fla. . . .
. . . Section 73.091, Florida Statutes (1993), provides that: “[T]he petitioner shall pay all reasonable costs . . .
. . . We reject the LaPointe’s argument that the parties used the term “costs” as it is used in section 73.091 . . .
. . . . § 73.091(1), Fla.Stat. (Supp.1994). . . . On appeal, DOT maintains that, even if Woods is not apposite, section 73.091, Florida Statutes (1993) . . .
. . . Section 73.091 of the Florida Statutes (1993), does not specify the type of legal work which is compensable . . . This case law is consistent with the amended version of section 73.091, which narrows the language of . . . See § 73.091, Fla.Stat. (Supp.1994). . . .
. . . In the case of eminent domain, for example, the legislature has provided in section 73.091 that the condemning . . . Based on the language of section 73.091, and to avoid any constitutional issue, we interpret section . . .
. . . We reverse a judgment awarding attorney’s fees to Daystar under section 73.091, Florida Statutes (1989 . . .
. . . Section 73.091, Florida Statutes (1993), applicable to this case, provides: Costs of the proceedings. . . .
. . . Section 73.091, Florida Statutes (1993), provides for the award of attorney’s fees in eminent domain . . . We conclude an ownership interest in the property is required for a fee award under section 73.091, even . . . Because section 73.091 authorizes the award of fees only to a party with an ownership interest in the . . .
. . . . §§ 73.091, et seq. . . .
. . . Under section 73.091, Florida Statutes (1993), the landowner is entitled to just compensation from the . . . Therefore, there is no basis under section 73.091 for an award of his fees. . . . Section 73.091 mandates that the condemning authority shall pay the landowner all reasonable costs of . . .
. . . $1,000,000 of benefit $1,170,000 15% of the benefit exceeding the first million $1,784,750 Total fee Section 73.091 . . . .1992), the court held that a Rowe contingency risk multiplier should not be utilized because section 73.091 . . .
. . . section 73.071, Florida Statutes (1991), and for costs, attorney’s fees, and appraisal fees under section 73.091 . . .
. . . Carter subsequently sought payment for costs and fees under section 73.091, Florida Statutes (1987) for . . .
. . . Although section 73.091 has been construed as providing for attorney’s fees in successful inverse condemnation . . . The purpose of section 73.091 is to “assure that the property owner is made whole when the condemning . . . that the property owner is made whole, the principles employed in making a fee award under section 73.091 . . . costs, including reasonable attorney’s fees, be assessed against the Department pursuant to section 73.091 . . . However, although the district court recognized that “[frequently a fee awarda-ble pursuant to section 73.091 . . . It concluded that under circumstances such as this, where entitlement to a fee under section 73.091 does . . . category, which includes eminent domain actions where the attorney is assured of a fee under section 73.091 . . . and hold that in determining the reasonableness of an attorney’s fee award, made pursuant to section 73.091 . . .
. . . We hold that such services fall within the scope of sections 73.091 and 73.131, Florida Statutes (1989 . . . The petition for mandamus contained a prayer for attorney’s fees, pursuant to sections 73.091 and 73.131 . . . constitutional provision includes payment of attorney’s fees necessary to enforce the condemnees’ rights. §§ 73.091 . . . to the original proceeding in condemnation are similarly payable by the state pursuant to sections 73.091 . . .
. . . This court in Schick III specifically recognized that [frequently, a fee awardable pursuant to section 73.091 . . . , under certain circumstances, such as perhaps in the instant case where entitlement to a fee under 73.091 . . . adequate reasons which justify application of a contingency risk factor to a fee award pursuant to section 73.091 . . . Frequently a fee awardable pursuant to section 73.091 would not appropriately include a contingency risk . . . , under certain circumstances, such as perhaps in the instant case where entitlement to a fee under 73.091 . . . directive, the trial court entered a final order awarding appellees attorney’s fees pursuant to Section 73.091 . . . appears, therefore, that any such consideration is irrelevant when determining an award under sections 73.091 . . .
. . . . § 73.091, Fla.Stat. (1987). . § 733.106, Fla.Stat. (1987). .§ 738.13, Fla.Stat. (1987). . . .
. . . Their attorney sought fees pursuant to Section 73.091, Florida Statutes, representing that she had invested . . . Frequently a fee awardable pursuant to section 73.091 would not appropriately include a contingency risk . . . , under certain circumstances, such as perhaps in the instant case where entitlement to a fee under 73.091 . . .
. . . Pursuant to section 73.091, Florida Statutes (1987), the property owner is entitled to recover reasonable . . .
. . . The McDermotts are entitled to attorney’s fees as the “prevailing party” under section 73.091, Florida . . . Section 73.091, Florida Statutes (1987) provides in pertinent part: [T]he petitioner shall pay all reasonable . . .
. . . See § 73.091, Florida Statutes (1985). . . . Section 73.091, Florida Statutes (1985), states that: “The petitioner shall pay all reasonable costs . . .
. . . .2d 1348 (Fla. 4th DCA 1986) (award of attorney’s fees in condemnation cases is governed by section 73.091 . . .
. . . The award of attorneys’ fees in condemnation proceedings is governed by the provisions of Section 73.091 . . .
. . . However, such awards are governed by sections 73.091 and 73.092, Florida Statutes (1985), and the legislature . . .
. . . that Chapter 73 governed the eminent domain proceeding commenced by the State, and therefore Section 73.091 . . . When the State institutes a Chapter 73 proceeding in the circuit court, Section 73.091 provides: The . . .
. . . Reasonable appraiser fees are clearly allowable as costs under section 73.091, Florida Statutes (1983 . . .
. . . . § 73.091, Fla.Stat. (1981). City of St. Petersburg, 419 So.2d at 1169. . . .
. . . .-428, Fla.Stat. (1983) (attorney fees assessed against insurer), and §§ 73.091, 73.092, and 73.131, . . .
. . . matter having come on before the Court is a motion for award of attorneys’ fees pursuant to Section 73.091 . . . subject property which entitles them to have DOT pay any of their attorneys’ fees pursuant to Section 73.091 . . . constitutional sense and are entitled to have the DOT pay their attorneys’ fees pursuant to Section 73.091 . . . was a form of damages not within the jurisdiction of the Circuit Court, thus not subject to Section 73.091 . . . Additionally, independent of Section 73.091, Florida Statutes, REESE and HALPIN have a stipulated basis . . .
. . . Section 73.091, Florida Statutes (1981), provides that the petitioner in an eminent domain proceeding . . .
. . . Section 73.091, Florida Statutes, required that: “The Petitioner shall pay all reasonable costs of the . . .
. . . . § 73.091, Fla.Stat. (1981). . . .
. . . Section 73.091, Florida Statutes (1979) has placed the entire responsibility for costs of a condemnation . . .
. . . .2d 699 (Fla. 3d DCA 1975), cert. denied, 330 So.2d 20 (Fla.1976) (eminent domain suit under sections 73.091 . . .
. . . Instead, Section 73.091, Florida Statutes (1977), simply provides: 73.091 Costs of the proceedings. — . . .
. . . Liability for court costs and attorney’s fees in eminent domain proceedings is governed by Florida Statute 73.091 . . . than a jury determination of fees and costs, compare Florida Statute, 73.11 (1951) to Florida Statute 73.091 . . . Because defendant does not own a property interest in the parcels condemned, Florida Statute 73.091 does . . .
. . . For example, Sec. 61.16 Florida Statutes authorizes attorney’s fees in divorce actions; Sec. 73.091 Florida . . .
. . . Pursuant to Sec. 73.091 (Florida Statutes 1975) the trial court determined that a reasonable attorney . . .
. . . Although Section 73.091, Florida Statutes, applies regardless of whether the damages sought are awarded . . . Sec. 73.091, Fla.Stat. (1975): The petitioner shall pay all reasonable costs of the proceedings in the . . .
. . . See also, Section 73.091, Florida Statutes, which requires the condemning authority to pay all reasonable . . .
. . . See e. g„ §§ 73.091; 627.428, Fla. Stat. (1975). . . .
. . . omitted) There is no contract here nor any equitable fund or estate, but appellee argues that Section 73.091 . . . Section 73.091 directs the award of a reasonable attorney’s fee in eminent domain cases brought under . . . Chapter 73.091, Florida Statutes (which is the Eminent Domain Statute) provides: “Petitioner shall pay . . .
. . . . § 73.091. . . .
. . . . § 73.091 (1973) requires the condemning authority to pay all reasonable costs and attorneys’ fees incurred . . .
. . . to determine reasonable costs to be paid by the plaintiffs including attorney’s fees as provided in §73.091 . . . Aulls based upon the facts of this particular case, since Florida Statutes §73.091 provides that the . . .
. . . . § 73.091, F.S.A. specifically provides that the condemning authority must pay “all reasonable costs . . .
. . . The requirement for the payment thereof is fixed by § 73.091 Fla.Stat., F.S.A., which the Supreme Court . . .
. . . See F.S. 73.091 which requires a petitioner in a condemnation action to pay all reasonable costs of the . . .
. . . (F.S. 73.091) The trial court is better equipped to hear evidence and make such a determination than . . .
. . . See § 73.091, Fla.Stat. F.S.A.; Jacksonville Expressway Auth. v. Henry G. . . .
. . . . § 73.091, F.S.A., provides: “The petitioner shall pay all reasonable costs of the proceedings in the . . .
. . . Stat., F.S.A., relating to eminent domain, § 73.091 provides: “The petitioner shall pay all reasonable . . .
. . . Cummings, Fla.App.1970, 239 So.2d 501; § 73.091, Fla.Stat.1969, F.S.A.; cf. § 73.131(2), Fla.Stat.1969 . . . property involved for the purposes of establishing the reasonable attorney’s fees to be assessed. § 73.091 . . .
. . . See Section 73.091, Fla.Stat. F.S.A. . . . Section “73.091 Costs of the Proceedings. — The petitioner shall pay all reasonable costs of the proceedings . . .
. . . . § 73.091, F.S.A. . . . illusory, and the order of the trial judge granting attorneys’ fees is within the purview of Fla.Stat. § 73.091 . . .
. . . See § 73.091, Fla.Stat., F.S.A.; Jacksonville Expressway Auth. v. Henry G. . . .
. . . . §§ 73.091, 73.131 (1967), F.S.A. . Fla.Stat. §§ 61.071, 61.16 (1967), F.S.A. . . . .
. . . . § 73.091, F.S.A. . . .
. . . setting attorney fees for defendants’ respective counsel, to be paid by petitioner under provisions of §73.091 . . . hour or such amount as the trial judge may deem reasonable, and the same shall be taxed as costs ” §73.091 . . . Now the law requires attorney’s fees to be assessed by the court. §73.091, F. S. 1967. . . .
. . . . § 73.091, F.S.A., in pari materia with F.S. § 73.131, F.S.A., we are of the view that the provisions . . .
. . . * reasonable costs of the-proceedings * * * including a reasonable attorney’s fee * * * ”, Section 73.091 . . .