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Dade County v. Davidson

District Court of Appeal of Florida, Third District
Oct 1, 1982
418 So. 2d 1231 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-422.

September 7, 1982. Rehearing Denied October 1, 1982.

Appeal from the Circuit Court for Dade County, James C. Henderson, J.

Robert A. Ginsburg, Dade County Atty. and R.A. Cuevas, Jr., Asst. County Atty., for appellant.

Brigham, Reynolds, Moore, Muir Gaylord, Miami, and Andrew H. Schuster, Fort Lauderdale, for appellees.

Before NESBITT, FERGUSON and JORGENSON, JJ.


Appeal of amount of compensation award in eminent domain proceeding by Dade County, successful petitioner, operated as a stay of trial proceedings, under Rule 9.310(b)(2), Florida Rules of Appellate Procedure, but did not preclude the trial court from entering a non-final order retaining jurisdiction to tax reasonable costs where, as here, the taxing of costs would not affect or interfere with the subject matter of the plenary appeal or impinge on the appellate court's power and authority to decide the issues raised. Bailey v. Bailey, 392 So.2d 49 (Fla. 3d DCA 1981). The jurisdiction of the appellate court is exclusive only as to the subject matter of the appeal. Willey v. W.J. Hoggson Corp., 89 Fla. 446, 105 So. 126 (1925). Although the appeal of an eminent domain award automatically operated as a stay of the proceedings, the trial court may retain jurisdiction to decide matters collateral to the appeal. See Sunrise Beach, Inc. v. Phillips, 181 So.2d 169, 172 (Fla. 2d DCA 1965).

Section 73.091, Florida Statutes (1979) has placed the entire responsibility for costs of a condemnation proceeding on the petitioner.

A cost judgment was not rendered here, so the issue of its reasonableness did not arise. If a cost determination is made after the entry of a final judgment and appeal has already been taken, review of the cost award is available to petitioner by separate appeal. Chatlos v. Hallandale, 220 So.2d 353 (Fla. 1969); League of Mercy Assoc., Inc. v. Walt, 376 So.2d 892 (Fla. 1st DCA 1979).

Affirmed.


Summaries of

Dade County v. Davidson

District Court of Appeal of Florida, Third District
Oct 1, 1982
418 So. 2d 1231 (Fla. Dist. Ct. App. 1982)
Case details for

Dade County v. Davidson

Case Details

Full title:DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT…

Court:District Court of Appeal of Florida, Third District

Date published: Oct 1, 1982

Citations

418 So. 2d 1231 (Fla. Dist. Ct. App. 1982)

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