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eBook details

• Title: Strulowitz v. Cadle Company
• Author : Florida Court of Appeals
• Release Date : January 12, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

This appeal arises from a partial taking of property located in Palm Beach County at 6551 Southern Boulevard in West Palm Beach. The 2.9 acre property was used by the Appellee, Tire Centers, in its tire services business operations. The Appellant, State of Florida Department of Transportation (D.O.T.), took significant portions of the property for use in the construction of highway improvements. The taking required demolition of Tire Centers existing structure on the property. Tire Centers relocated its business relatively close by to a Pike Road site. The parties stipulated to a partial final judgment awarding Tire Centers $875,000 "representing full compensation with respect to ... the value of the land and improvements acquired, cost to cure, and severance damages, but exclusive of business damages" and litigation fees. D.O.T. took the position that Tire Centers was able to mitigate some of its business damages by retaining some of its goodwill in relocating to a site within a short distance of the condemned site. However, Tire Centers successfully moved in limine to preclude evidence of mitigation of its damages. As the parties were in agreement as to the amount of damages if they were to be calculated as a total loss of the property, the trial court awarded business damages in the agreed amount of $1,738,235. On appeal, D.O.T. challenges the trial courts ruling on the motion to exclude evidence of mitigated damages by an off-site cure. As we explain below, we affirm.

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