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Florida Statute 73.131 | Lawyer Caselaw & Research
F.S. 73.131 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 73
EMINENT DOMAIN
View Entire Chapter
F.S. 73.131
73.131 Appeals; costs.
(1) Appeals in eminent domain actions shall be taken in the manner prescribed by law and in accordance with the appellate rules, except that an appeal shall not prevent appropriation of the property by the petitioner where the amount awarded by the judgment has been deposited with the court as aforesaid. If, at any time after entry of the judgment, a defendant shall take out of the court the amount due him or her, any pending appeal taken by the defendant shall be dismissed by the appellate court upon the filing of a certificate by the clerk of the circuit court stating that the defendant taking the appeal has withdrawn the amount due him or her.
(2) The petitioner shall pay all reasonable costs of the proceedings in the appellate court, including a reasonable attorney’s fee to be assessed by that court, except upon an appeal taken by a defendant in which the judgment of the lower court shall be affirmed.
History.s. 1, ch. 65-369; s. 4, ch. 87-148; s. 364, ch. 95-147.

F.S. 73.131 on Google Scholar

F.S. 73.131 on Casetext

Amendments to 73.131


Arrestable Offenses / Crimes under Fla. Stat. 73.131
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 73.131.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CARIBBEAN CONDOMINIUM, v. CITY OF FLAGLER BEACH,, 178 So. 3d 426 (Fla. Dist. Ct. App. 2015)

. . . being unsuccessful in the appeal before the supreme court, Gefen sought attorney’s fees under section 73.131 . . .

RYAN, v. CITY OF BOYNTON BEACH, a, 157 So. 3d 417 (Fla. Dist. Ct. App. 2015)

. . . The award of appellate attorney’s fees in eminent domain proceedings is governed by section 73.131, Florida . . . upon an appeal taken by a defendant in which the judgment of the lower court shall be affirmed.” § 73.131 . . . Nonetheless, consistent with the language of section 73.131, the Florida Supreme Court has squarely held . . . an amount less than that sought by Ryan, the zero award went too far, effectively converting section 73.131 . . . trial court must take into account the “result obtained,” remaining mindful of the fact that section 73.131 . . .

CITY OF NORTH MIAMI BEACH, v. H. REED,, 863 So. 2d 351 (Fla. Dist. Ct. App. 2003)

. . . Gefen, 636 So.2d 1345, 1347 (Fla.1994)(stating that “[t]he statute [section 73.131(2), as part of chapter . . .

HARTLEB, v. DEPARTMENT OF TRANSPORTATION,, 778 So. 2d 1063 (Fla. Dist. Ct. App. 2001)

. . . See § 73.131, Fla.Stat. (2000) (“If, at any time after entry of the judgment, a defendant shall take . . .

SEMINOLE COUNTY, v. BOYLE INVESTMENT COMPANY,, 724 So. 2d 645 (Fla. Dist. Ct. App. 1999)

. . . appeal was pending, Boyle filed a motion seeking an award of appellate attorney’s fees citing section 73.131 . . . Section 73.131 provides in relevant part: 73.131 Appeals; costs.- (2) The petitioner shall pay all reasonable . . . except upon an appeal taken by a defendant in which the judgment of the lower court shall be affirmed. § 73.131 . . . By enacting section 73.131, the legislature clearly mandated that a property owner is entitled to receive . . . However, section 73.131 specifically mandates that the condemning authority must pay all reasonable costs . . .

STATE DEPARTMENT OF TRANSPORTATION, v. SKINNERS WHOLESALE NURSERY, INC., 736 So. 2d 3 (Fla. Dist. Ct. App. 1998)

. . . (Supp. 1994), and 73.131(2), Fla.Stat. (1993). . . . fees are paid separately from the fees paid for services rendered at trial and are governed by section 73.131 . . . criteria for determining a reasonable appellate attorney’s fee in an eminent domain action under section 73.131 . . . case, enhancement of a lodestar fee by a “results obtained” factor may be appropriate under section 73.131 . . . See Quanstrom, 555 So.2d at 835; § 73.131(2), Fla.Stat. (1993). . . .

BREVARD COUNTY, v. CANAVERAL PROPERTIES, INC., 696 So. 2d 1244 (Fla. Dist. Ct. App. 1997)

. . . Appellate attorney fees in eminent domain cases are authorized by section 73.131. . . . The polestar of an appellate attorney fee award pursuant to section 73.131 and the case law generally . . . Section 73.131 specifies the attorney’s fee award be “reasonable.” . . .

HARTLEB, v. STATE DEPARTMENT OF TRANSPORTATION,, 677 So. 2d 336 (Fla. Dist. Ct. App. 1996)

. . . See § 73.131, Fla.Stat. (1987). . . .

SEMINOLE COUNTY, v. DELCO OIL, INC., 669 So. 2d 1162 (Fla. Dist. Ct. App. 1996)

. . . . § 73.131(2), Fla.Stat. (1993). REVERSED and REMANDED. COBB, HARRIS and GRIFFIN, JJ., concur. . . . . See § 73.131(2), Fla.Stat. (1993). . . .

ORLANDO ORANGE COUNTY EXPRESSWAY AUTHORITY, v. G. LATHAM,, 643 So. 2d 10 (Fla. Dist. Ct. App. 1994)

. . . . § 73.131, Fla.Stat. (1993). Denmark v. Department of Transportation, 389 So.2d 201 (Fla.1980). . . .

DEPARTMENT OF TRANSPORTATION, v. L. I. GEFEN,, 636 So. 2d 1345 (Fla. 1994)

. . . However, Gefen’s claim is predicated on section 73.131(2), Florida Statutes (1991), which is a part of . . .

K- MART CORPORATION, v. STATE DEPARTMENT OF TRANSPORTATION,, 636 So. 2d 131 (Fla. Dist. Ct. App. 1994)

. . . See § 73.131(2), Fla.Stat. (1993). . . .

SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, v. W. PARKER,, 622 So. 2d 1014 (Fla. Dist. Ct. App. 1993)

. . . Section 73.131(2), Florida Statutes (1989), is plain and unambiguous and mandates an award. . . .

DEPARTMENT OF TRANSPORTATION, v. A. FOWLER,, 621 So. 2d 689 (Fla. Dist. Ct. App. 1993)

. . . reasonable attorney's fees and costs to which the landowner is entitled to reimbursement under section 73.131 . . .

SCHICK, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, 586 So. 2d 452 (Fla. Dist. Ct. App. 1991)

. . . 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 . . . provision includes payment of attorney’s fees necessary to enforce the condemnees’ rights. §§ 73.091 and 73.131 . . . original proceeding in condemnation are similarly payable by the state pursuant to sections 73.091 and 73.131 . . . attorney’s fees for the services of their attorney on this appeal is also granted pursuant to section 73.131 . . .

LEE COUNTY, a v. TOHARI,, 582 So. 2d 104 (Fla. Dist. Ct. App. 1991)

. . . Section 73.131(2), Florida Statutes (1989), appears to mandate this result. . . .

BUCKLEY, v. CITY OF MIAMI BEACH, a, 559 So. 2d 310 (Fla. Dist. Ct. App. 1990)

. . . Stat. (1979); § 73.131, Fla.Stat. (1979); Fla. R.Civ.P. 1.530 and Fla.R.App.P. 5.12 (revised 1977). . . .

SALLEY, v. CITY OF ST. PETERSBURG,, 511 So. 2d 975 (Fla. 1987)

. . . Section 73.131(2), Florida Statutes (1985), provides: The petitioner shall pay all reasonable costs of . . . In Denmark this Court construed section 73.131(2) to require the payment of appellate attorney’s fees . . .

J. DAMA, v. RECORD BAR, INC. A. L. M. A. C. L. d b a, 512 So. 2d 206 (Fla. Dist. Ct. App. 1987)

. . . assessment of attorney’s fees in the trial court and did not involve the statutory exception of section 73.131 . . .

DIVISION OF ADMINISTRATION, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, v. FRENCHMAN, INC., 476 So. 2d 224 (Fla. Dist. Ct. App. 1985)

. . . It is ordered, however, pursuant to section 73.131(2), Fla.Stat. (1983), that reasonable appellate attorney . . .

FLORIDA PATIENT S COMPENSATION FUND, v. ROWE,, 472 So. 2d 1145 (Fla. 1985)

. . . .-428, Fla.Stat. (1983) (attorney fees assessed against insurer), and §§ 73.091, 73.092, and 73.131, . . .

DIVISION OF ADMINISTRATION, STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, v. L. ALLEN,, 447 So. 2d 1383 (Fla. Dist. Ct. App. 1984)

. . . Determination shall be made by the trial court in accordance with section 73.131(2), Florida Statutes . . .

DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, v. DECKER, J., 408 So. 2d 1056 (Fla. Dist. Ct. App. 1981)

. . . attorney’s fees to appellees on this appeal in an amount to be set by the trial court, noting that section 73.131 . . .

L. NILES, v. COUNTY OF VOLUSIA, a A. BULTA F. W. v. COUNTY OF VOLUSIA, a, 405 So. 2d 1046 (Fla. Dist. Ct. App. 1981)

. . . The County also refers to section 73.131, Florida Statutes (1979), which provides that if a condemnee . . . (Emphasis added) § 73.131, Fla.Stat. (1979). . . .

S. DENMARK v. STATE DEPARTMENT OF TRANSPORTATION,, 389 So. 2d 201 (Fla. 1980)

. . . Section 73.131(2), Florida Statutes (1979), provides: The petitioner shall pay all reasonable costs of . . .

G. BEHM K. v. DIVISION OF ADMINISTRATION, DEPARTMENT OF TRANSPORTATION,, 383 So. 2d 216 (Fla. 1980)

. . . Since the constitutionality of section 73.131(1), Florida Statutes (1969), was under attack, we have . . . While we agree that section 73.131(1) suffers from no constitutional impediment, we reverse the district . . . Section 73.131(1), Florida Statutes (1969), provides that if a condemnee appeals the jury verdict, withdrawal . . .

G. BEHM K. v. DIVISION OF ADMINISTRATION, DEPARTMENT OF TRANSPORTATION,, 366 So. 2d 828 (Fla. Dist. Ct. App. 1979)

. . . These instructions were apparently to avoid the consequences of Section 73.131(1), Florida Statutes ( . . . The condemnees contend that the only way to breathe constitutional life into Section 73.131(1) is to . . . Section 73.131(1), Fla.Stat. (1969): “Appeals in eminent domain actions shall be taken in the manner . . .

STATE DEPARTMENT OF NATURAL RESOURCES, v. HUDSON PULP PAPER CORPORATION, A., 363 So. 2d 822 (Fla. Dist. Ct. App. 1978)

. . . F.S. 73.131(2) provides as follows: “The petitioner shall pay all reasonable costs of the proceedings . . . The fee authorized by F.S. 73.131(2) is allowed by legislative mandate, not judicial grace, and this . . .

J. BOYNTON, Jr. v. CANAL AUTHORITY a, 311 So. 2d 412 (Fla. Dist. Ct. App. 1975)

. . . S. 73.131(2) for an order awarding attorneys’ fees for services incident to this appeal. . . .

NATIONAL BROADCASTING COMPANY, INC. v. FEDERAL COMMUNICATIONS COMMISSION, 516 F.2d 1101 (D.C. Cir. 1974)

. . . . §§ 73.131, 73.240, and the prime time access rule, 47 C.F.R. § 73.658 (k) (1973). . . .

G. BEHM K. v. DIVISION OF ADMINISTRATION, DEPARTMENT OF TRANSPORTATION,, 288 So. 2d 476 (Fla. 1974)

. . . . § 73.131(2), F.S.A.; Jacksonville Expressway Authority v. Henry G. . . .

CITIZENS COMMITTEE TO SAVE WEFM WEFM, v. FEDERAL COMMUNICATIONS COMMISSION GCC, 506 F.2d 246 (D.C. Cir. 1973)

. . . . §§ 73.131-.138; .231-.240; .35; .658; .636 (1974); FCC Dkt. #18110; Hale v. . . .

COLUMBIA BROADCASTING SYSTEM, INC. v. DEMOCRATIC NATIONAL COMMITTEE, 412 U.S. 94 (U.S. 1973)

. . . E. g., id., §§ 73.131, 73.240. . . . attack and political editorial fairness requirements, §73.123; relationship of licensees to networks, §§73.131 . . .

TOSOHATCHEE GAME PRESERVE, INCORPORATED, a v. CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT, a, 265 So. 2d 681 (Fla. 1972)

. . . . § 73.131(2), F.S.A., as interpreted by this Court in State Road Department v. Levato, supra. . . . Section 73.131, Florida Statutes, F.S.A., among other things, says:— “ ‘The petitioner shall pay all . . . Inasmuch as Fla.Stat. § 73.131(2), F.S.A., expressly provides that attorney’s fees for services rendered . . .

CITY OF MIAMI BEACH, a v. MANILOW, 253 So. 2d 910 (Fla. Dist. Ct. App. 1971)

. . . See § 73.131(2), Fla. Stat.1969, F.S.A. and Florida Appellate Rule 3.16, subd. e, 32 F.S.A. . . . Cummings, Fla.App.1970, 239 So.2d 501; § 73.091, Fla.Stat.1969, F.S.A.; cf. § 73.131(2), Fla.Stat.1969 . . .

STATE ROAD DEPARTMENT OF FLORIDA, v. HANCOCK, 250 So. 2d 307 (Fla. Dist. Ct. App. 1971)

. . . . § 73.131, F.S.A. (1969) states that the condemning authority “shall pay all reasonable costs of the . . .

SOLAR RESEARCH CORPORATION, a N. v. F. PARKER, Jr. F. L. A. Jr. a Jr., 221 So. 2d 138 (Fla. 1969)

. . . . §§ 73.091, 73.131 (1967), F.S.A. . Fla.Stat. §§ 61.071, 61.16 (1967), F.S.A. . . . .

A. WRIGHT C. v. DADE COUNTY, a, 216 So. 2d 494 (Fla. Dist. Ct. App. 1968)

. . . See Chapter 73.131(2) Fla.Stat., F.S.A. . . .

FLORIDA BOARD OF PARKS AND HISTORIC MEMORIALS, a v. COLLIER, 213 So. 2d 460 (Fla. Dist. Ct. App. 1968)

. . . Court Motion for Attorneys’ fee and asked this Court to assess the amount thereof pursuant to Section 73.131 . . . Said Section 73.131 was originally enacted as Laws of 1965, c. 65-369, § 1, and provides inter alia that . . .

DI VIRGILIO Di v. STATE ROAD DEPARTMENT a, 211 So. 2d 556 (Fla. 1968)

. . . See Florida Statutes § 73.131(2), 1967, F.S.A. It is so ordered. CALDWELL, C. . . .

STATE ROAD DEPARTMENT v. BRENNER, 208 So. 2d 279 (Fla. Dist. Ct. App. 1967)

. . . . § 73.131 F.S.A., which provides that, upon an appeal in an eminent domain proceeding, “the petitioner . . . This § 73.131 had not been previously called to our attention but our independent research shows that . . . Actually, therefore, present § 73.131 was in force in December, 1965, when the original motions for attorneys . . . But justice to appellees requires us to recognize that they are entitled to attorneys’ fees under § 73.131 . . .

STATE ROAD DEPARTMENT a v. V. LEVATO, 199 So. 2d 714 (Fla. 1967)

. . . Section 73.131, Florida Statutes, F.S.A., among other things, says:— “ * * * The petitioner shall pay . . .

C. SMITH, R. B. Jr. J. M. Sr. C. R. W. H. F. v. CITY OF TALLAHASSEE, a, 198 So. 2d 380 (Fla. Dist. Ct. App. 1966)

. . . . § 73.131, F.S.A., provides that upon appeal a reasonable attorney’s fee is to be assessed by the appellate . . . Reading F.S. § 73.091, F.S.A., in pari materia with F.S. § 73.131, F.S.A., we are of the view that the . . .

STATE ROAD DEPARTMENT a v. V. LEVATO, 192 So. 2d 35 (Fla. Dist. Ct. App. 1966)

. . . . § 73.131, which is applicable to this appeal, affords a clear mandate for the award of these contested . . . Sections 73.16 and 74.10, F.S.1963, F.S.A., were the forerunners of F.S.A. § 73.131 and a comparison . . . J., and GONZALEZ, JOSE A., Jr., Associate Judge, concur. . “73.131 Appeals. * * * “The petitioner shall . . .

GEORGIA SOUTHERN AND FLORIDA RAILWAY COMPANY, a a a v. DUVAL CONNECTING RAILROAD COMPANY, a, 187 So. 2d 405 (Fla. Dist. Ct. App. 1966)

. . . an appeal taken by a defendant in which the judgment of the trial court shall be affirmed,” Section 73.131 . . .