CopyCited 14 times | Published | Supreme Court of Florida | 1975 Fla. LEXIS 3307
...ties, or the various items of damages claimed as to each parcel." governed the trial since the 1970 amendment thereto, Chapter 70-284, General Laws, [1] provides that it would apply to all eminent domain proceedings instituted after October 1, 1970. Section 73.101 entitled "Form of Judgment" which provides, "Form of judgment....
CopyCited 10 times | Published | Supreme Court of Florida
...and the leasehold were considered by the jury in reaching its lump sum award. Affirmed. THORNAL, C.J., and ROBERTS, O'CONNELL, ERVIN and BARNS (Retired), JJ., concur. THOMAS, J., dissents. NOTES [1] Fla. Laws ch. 59-450, § 1 at 1491 [now Fla. Stat. § 73.101 (1965), F.S.A.] as it read prior to August 4, 1965: "73.12 Form of Judgment....
CopyCited 8 times | Published | Florida 5th District Court of Appeal
...Insofar as apportionment of a leasehold interest is concerned, the law remains the same in that this is a matter to be decided by the trial court in a proceeding supplemental to the jury trial itself. Id. at 211. The proceeding referred to in the last sentence of the above quote is that set out in section 73.101, Florida Statute (1981), which provides: Form of judgment The judgment shall recite the verdict in full and shall state that the estate or interest in the property described in the petition and sought to be appropriated by the petit...
...Statutes (1981). The jury verdict recites that Peterson was to receive $62,750 "for value of its property interest in the form of outdoor advertising signs affixed to the land acquired." This constituted the value of its leasehold interest for which section 73.101 provides that the judge is to determine its value in a supplemental proceeding....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...NOTES [1] Pensacola Scrap Processors, Inc. v. State Road Department (Fla.App. 1967),
188 So.2d 38. [2] Meyers v. City of Daytona Beach (1947),
158 Fla. 859,
30 So.2d 354, 355. [3] Garvin v. State Road Department (Fla. App. 1963),
149 So.2d 869, 871. [4] F.S. §
73.101, F.S.A....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...n. In an eminent domain proceeding, where there is more than one party asserting a claim to the amount awarded for the property taken, the trial judge is to determine the rights of the interested parties and the method of apportionment of the award. Section 73.101....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1994 Fla. App. LEXIS 3676, 1994 WL 141241
...Dep't,
189 So.2d 793 (Fla. 1966). After the jury verdict, the parties may then proceed to a hearing at which a trial court determines their proportionate rights to the jury's award. National Advertising Co. v. Florida Dep't of Transp.,
611 So.2d 566 (Fla. 1st DCA 1991); §
73.101, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...§
73.081 (1975). Where there are conflicting claims to the amount awarded, the court, upon appropriate motion, is authorized to determine the rights of the interested parties with respect to the amount which is awarded for each parcel. Fla. Stat. §
73.101 (1975)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1994 WL 397617
...ner, 26 A.L.R.4th 68 (1983). In a typical condemnation case, the county files an action to obtain title to property for a public use. §
73.021, Fla. Stat. (1993). In exchange for a judgment transferring title, the county must pay just compensation. §
73.101, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2012 WL 4795639, 2012 Fla. App. LEXIS 17445
...ufficient under section
162.09(3) so long as the trial court had jurisdiction to adjudicate the code enforcement liens. We find support for the trial court’s jurisdiction to adjudicate the code enforcement liens in Florida’s eminent domain laws. Section
73.101, Florida Statutes expressly provides that the court entering a taking order “shall determine the rights of the interested parties with respect to the amount awarded for each parcel and the method of apportionment.” §
73.101, Fla....
...y as a whole.”). Based on the foregoing, we hold that the City did not have to file a separate action to enforce its code enforcement liens against Parcel 2 and the trial court should have adjudicated the City’s hen claims under the authority of section 73.101....
CopyCited 1 times | Published | District Court, M.D. Florida | 1998 U.S. Dist. LEXIS 21544, 1998 WL 1021479
...oodwill. The injuries alleged by the Plaintiffs are claimed to arise from the actions of the City of Jacksonville Environmental Protection Board ("EPB"), an entity of the City government created pursuant to the City Code. See Jacksonville, Fl., Code § 73.101(a)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 1428, 2015 WL 444440
...governs enforcement of liens. The City appealed. This court reversed,
finding “the City did not have to file a separate action to enforce its code
enforcement liens against Parcel 2 and the trial court should have
adjudicated the City’s lien claims under the authority of section 73.101,”
and remanded for further proceedings....
CopyPublished | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 4390
...State Road Department of Florida, Fla.App.1960,
117 So.2d 5, 6 . In such circumstance the lessee is relegated to receiving from the jury’s award the value of his leasehold interest to be determined and apportioned by the trial judge, as provided for in §
73.101 Fla.Stat., F.S.A....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 10936, 1993 WL 433889
...The parties now advise this court that they have agreed to settle their dispute with the condemnation award to be distributed between them in accordance with this settlement. Accordingly, we reverse the order appealed and remand with directions to enter an order of distribution in accordance with section 73.101, Florida Statutes (1991), and the settlement reached by the parties....
CopyPublished | Florida 1st District Court of Appeal
...y.
William P. White, Jr., and Darlene F. Dickey, Judges.
May 3, 2018
PER CURIAM.
Appellants seek review of an order dismissing their cross-
claim with prejudice. The underlying action to apportion funds
pursuant to section 73.101, Florida Statutes, remains pending.
The Court has therefore determined that the appeal is
premature....
CopyPublished | Florida 1st District Court of Appeal
underlying action to apportion funds pursuant to section
73.101, Florida Statutes, remains pending. The Court
CopyPublished | Florida 5th District Court of Appeal | 1974 Fla. App. LEXIS 7682
above cause, pursuant to the provisions of Section
73.101, Florida Statutes.” Following the hearing,
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 14327
ON PETITION FOR A WRIT OF CERTIORARI PER CURIAM. Title to the property having vested in the petitioner upon the deposit of the condemnation award into the trial court’s registry in 1976, see § 73.101, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6253
...“The petitioner shall pay all reasonable costs of the proceedings in the circuit court, including a reasonable attorney’s fee to be assessed by that court.” . Wetjen v. Williamson, (Fla.App.1967)
196 So.2d 461, 463, 464 ; See also 36 Am. Jur.2d 702, 710, Fixtures, §§ 4, 14. . F.S. §
73.101, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 4664
...mage to the remainder, and business damage. Section
73.081, Florida Statutes, F.S.A., requires the verdict to state the award to be made as a whole irrespective of the separate interests of the various parties or the various items of damage claimed. Section
73.101, Florida Statutes, F.S.A., provides that where there are conflicting claims to the amount awarded for any par *65 cel, the court, upon appropriate motion, shall determine the rights of the interested parties with respect to the amount...
...n by appeal that part of the judgment awarding compensation to the remaining tenant. Although F.S. Section
73.081, F.S.A., requires the jury to render a verdict fixing the compensation to be paid for the entire parcel condemned as a whole, Section F.S.
73.101, F.S.A., requires the trial judge to determine the rights of all interested parties in each parcel being condemned, and to allocate the amount fixed by the jury for the whole parcel among the various claimants....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 21956
appellant moved for apportionment pursuant to Section
73.101, Florida Statutes. The trial court’s finding
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2000, 1988 Fla. App. LEXIS 3993, 1988 WL 89191
...t hearing. Any objections referred to in the trial court’s order were objections of the DOT as petitioner, not Western Treats. This, of course, has no effect upon Jack Bakery’s entitlement to its fair share of the deposit to be determined at the section 73.101, Florida Statutes, apportionment hearing eventually to be held in the trial court....
CopyPublished | Florida 4th District Court of Appeal | 1979 Fla. App. LEXIS 14513
...t the time they establish the condemnation award, a mortgagee who has been joined as a defendant should be reimbursed for attorney’s fees incurred in protecting his interest against conflicting claims in the supplemental proceeding contemplated by Section 73.101....
...of a lessee in condemned land. AFFIRMED. RYDER and DANAHY, JJ., concur. . Ch. 65-369, Laws of Florida. . The statutes with respect to determining conflicting claims to the amount awarded were not substantially changed by the 1965 amendments. Compare Section 73.101, Florida Statutes (1977), with Section 73.12, Florida Statutes (1951)....
CopyPublished | Florida 4th District Court of Appeal | 1973 Fla. App. LEXIS 6912
that an order of apportionment under F.S. Section 73.-101, F.S.A., is an interlocutory order. We do not
