(Download) "Chipola Nurseries v. Division Administration" by First District. District Court of Appeal of Florida # Book PDF Kindle ePub Free
eBook details
- Title: Chipola Nurseries v. Division Administration
- Author : First District. District Court of Appeal of Florida
- Release Date : January 19, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
On May 24, 1974, the trial court entered a stipulated final judgment covering both of the above cases. It awarded appellants certain sums for the condemnation of their properties, such award providing that it covered the property taken and damages of any nature except for interest as provided by law, which interest, together with attorneys' fees and costs of these proceedings will be further set by this court. Thereafter, on January 15, 1975, the court entered a partial judgment on costs based upon a stipulation. Appellants' attorney contends that subsequently, on May 6, 1975, he sent appellee a proposed stipulated order on interest but received no response; that he sent follow-up letters on October 17, October 31 and November 12; that appellee's attorney responded by denying responsibility for interest. None of this correspondence was placed in the court file, but it was alluded to in argument before the trial court and is appellants' explanation for the delay until January 28, 1976, in filing their Motion for Entry of Order Assessing Interest. After hearing, the trial court on February 10, 1976, entered its order ruling that, This Court does not have jurisdiction to hear the defendant's motion. It ordered that Defendants' motion for entry of the Order Assessing Interest and Defendants' motion for Attorneys Fees for this hearing are hereby denied. Appellants have taken this appeal from that order. Appellee contends that the trial court lost jurisdiction during the lapse between the entry of the final judgment and the filing of appellants' motion for order assessing interest.
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