Supreme Court of Florida

Joseph B. Doerr Trust, Petitioners v. Central Florida Expressway Authority, Respondents

November 5, 201540 Fla. L. Weekly Supp. 616

Summary

The Court held that applying the statutory benefits-achieved formula alone can violate the Florida Constitution when a condemning authority causes excessive litigation and the resulting fee is unreasonably low. The trial court must calculate a reasonable fee under the supplemental-fee provision for work attributable to the excessive litigation and add that amount to the fee calculated under the benefits-achieved formula. The Court quashed the district court's decision and remanded for an evidentiary hearing.