Filed: Jun. 01, 2012
Latest Update: Jun. 01, 2012
Summary: PER CURIAM. AFFIRMED. MARSTILLER and SWANSON, JJ., concur; BENTON, C.J., concurs in part and Dissents in part with Opinion. BENTON, C.J., concurring in part and dissenting in part. Except as to portions of the AVA Engineers, Inc. (AVA) order, I concur in the affirmance of the three post-judgment orders entered in favor of Titus Harvest Dome Spectrum Church, Inc. (Church) awarding costs incurred in defending an eminent domain proceeding instituted pursuant to section 73.091, Florida Statutes
Summary: PER CURIAM. AFFIRMED. MARSTILLER and SWANSON, JJ., concur; BENTON, C.J., concurs in part and Dissents in part with Opinion. BENTON, C.J., concurring in part and dissenting in part. Except as to portions of the AVA Engineers, Inc. (AVA) order, I concur in the affirmance of the three post-judgment orders entered in favor of Titus Harvest Dome Spectrum Church, Inc. (Church) awarding costs incurred in defending an eminent domain proceeding instituted pursuant to section 73.091, Florida Statutes (..
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PER CURIAM.
AFFIRMED.
MARSTILLER and SWANSON, JJ., concur; BENTON, C.J., concurs in part and Dissents in part with Opinion.
BENTON, C.J., concurring in part and dissenting in part.
Except as to portions of the AVA Engineers, Inc. (AVA) order, I concur in the affirmance of the three post-judgment orders entered in favor of Titus Harvest Dome Spectrum Church, Inc. (Church) awarding costs incurred in defending an eminent domain proceeding instituted pursuant to section 73.091, Florida Statutes (2008). A portion of the costs awarded to AVA for services it rendered to the Church is duplicative of the "cost to cure" plan* the Church presented to the jury at trial as part of its proof of damages. Treating these AVA services as costs as well as part of the Church's "cost to cure" sought as damages was improper. The damages awarded by the jury greatly exceeded and presumptively included the "cost to cure." See Dade Cnty. v. Cross, 127 So.2d 141, 142 (Fla. 3d DCA 1961), overruled in part on other grounds by Chatlos v. City of Hallandale, 220 So.2d 353 (Fla.1968).
