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Florida Statute 73.091 | Lawyer Caselaw & Research
F.S. 73.091 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 73
EMINENT DOMAIN
View Entire Chapter
F.S. 73.091
73.091 Costs of the proceedings.
(1) The petitioner shall pay attorney’s fees as provided in s. 73.092 as well as all reasonable costs incurred in the defense of the proceedings in the circuit court, including, but not limited to, reasonable appraisal fees and, when business damages are compensable, a reasonable accountant’s fee, to be assessed by that court. No prejudgment interest shall be paid on costs or attorney’s fees.
(2) At least 30 days prior to a hearing to assess costs under this section, the condemnee’s attorney shall submit to the condemning authority for each expert witness complete time records and a detailed statement of services rendered by date, nature of services performed, time spent performing such services, and costs incurred, and a copy of any fee agreement which may exist between the expert and the condemnee or the condemnee’s attorney.
(3) In assessing costs, the court shall consider all factors relevant to the reasonableness of the costs, including, but not limited to, the fees paid to similar experts retained in the case by the condemning authority or other parties and the reasonable costs of similar services by similarly qualified persons.
(4) In assessing costs to be paid by the petitioner, the court shall be guided by the amount the defendant would ordinarily have been expected to pay for the services rendered if the petitioner were not responsible for the costs.
(5) The court shall make specific findings that justify each sum awarded as an expert witness fee.
History.s. 1, ch. 65-369; s. 2, ch. 87-148; s. 52, ch. 90-136; s. 1, ch. 90-303; s. 2, ch. 94-162; s. 60, ch. 99-385.

F.S. 73.091 on Google Scholar

F.S. 73.091 on Casetext

Amendments to 73.091


Arrestable Offenses / Crimes under Fla. Stat. 73.091
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 73.091.



Annotations, Discussions, Cases:

Cases from cite.case.law:

GENERAL COMMERCIAL PROPERTIES, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 178 So. 3d 439 (Fla. Dist. Ct. App. 2015)

. . . . § 73.091, Fla. Stat. (2012).' . . .

CARIBBEAN CONDOMINIUM, v. CITY OF FLAGLER BEACH,, 178 So. 3d 426 (Fla. Dist. Ct. App. 2015)

. . . Appellants argue that an award of costs in an inverse condemnation action is governed by section 73.091 . . . shall pay “all reasonable costs incurred in the defense of the proceedings in the circuit court.” § 73.091 . . . Section 73.091 has been found by this court to be applicable in successful inverse condemnation actions . . . However, we see no reason to apply section 73.091 in an inverse condemnation action where, as in the . . . Accordingly, we conclude that the trial court erred in its determination that section 73.091, rather . . .

WOODBRIDGE HOLDINGS, LLC, v. PRESCOTT GROUP AGGRESSIVE SMALL CAP MASTER FUND, G. P. III, L. P. L. P. J., 193 So. 3d 2 (Fla. Dist. Ct. App. 2015)

. . . 1996) (fees attributable to services as a litigation consultant were not recoverable under section 73.091 . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. BOGORFF,, 132 So. 3d 249 (Fla. Dist. Ct. App. 2013)

. . . Primarily, it argues that the court erred by not using the “benefits achieved” standard of section 73.091 . . . awarded in an inverse condemnation also must be determined within the statutory framework of section 73.091 . . . project for which the taking is considered necessary and the fee owner’s statutory rights under section 73.091 . . . Palma has been applied to attorney’s fees awarded in condemnation proceedings under section 73.091, Florida . . . Section 73.091(1) supports this view, as it allows fees incurred “in defense of the proceeding.” . . .

DELMONICO, v. CRESPO a, 127 So. 3d 576 (Fla. Dist. Ct. App. 2012)

. . . 1996) (fees attributable to services as a litigation consultant were not recoverable under section 73.091 . . .

BOARD OF SUPERVISORS OF ST. JOHN S WATER CONTROL DISTRICT, a f k a St. s a v. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION N. A. a, 103 So. 3d 218 (Fla. Dist. Ct. App. 2012)

. . . parties agreed that the District was entitled to its attorneys’ fees and costs pursuant to sections 73.091 . . .

JACKSONVILLE TRANSPORTATION AUTHORITY, v. TITUS HARVEST DOME SPECTRUM CHURCH, INC. a a a GBR a a LP, d b a a a, 87 So. 3d 1290 (Fla. Dist. Ct. App. 2012)

. . . Church) awarding costs incurred in defending an eminent domain proceeding instituted pursuant to section 73.091 . . .

POMPANO BEACH COMMUNITY REDEVELOPMENT AGENCY, v. HOLLAND,, 82 So. 3d 1034 (Fla. Dist. Ct. App. 2011)

. . . for a project, the nature of the project, and the property owner's statutory rights under sections 73.091 . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. COX,, 54 So. 3d 1026 (Fla. Dist. Ct. App. 2011)

. . . Sections 73.091 and 73.092 specifically relate to condemnation proceedings, including inverse condemnation . . .

CALHOUN, DREGGORS ASSOCIATES, v. VOLUSIA COUNTY,, 26 So. 3d 624 (Fla. Dist. Ct. App. 2009)

. . . governing eminent domain actions in Florida, provides for attorney’s fee awards in three sections: 73.015, 73.091 . . . claims in lieu of condemnation shall be entitled to recover costs in the same manner as provided in s. 73.091 . . . Section 73.091(1) states in pertinent part that: “The petitioner shall pay attorney’s fees as provided . . . 693 So.2d 703 (Fla. 2d DCA 1997), a situation for which entitlement to fees is established by section 73.091 . . .

PINNACLE FLOOR COVERING, INC. d b a v. DEPARTMENT OF TRANSPORTATION,, 16 So. 3d 919 (Fla. Dist. Ct. App. 2009)

. . . entitled to recover the costs of expert witnesses in support of a business damage claim under section 73.091 . . . The issue at the hearing and on appeal involves the interpretation of section 73.091(1), which states . . . Although section 73.091 could be better drafted, strictly construed, it establishes a condition precedent . . . The condition precedent is satisfied when “business damages are compensa-ble.” § 73.091(1). . . . The express language of section 73.091 appears to require the condemning authority to pay only for "a . . .

J. BARCO, v. SCHOOL BOARD OF PINELLAS COUNTY,, 975 So. 2d 1116 (Fla. 2008)

. . . Under section 73.091(1), Florida Statutes (2004), the condemning authority was required to pay attorneys . . .

STATE DEPARTMENT OF TRANSPORTATION, v. J. LOCKHART S., 909 So. 2d 590 (Fla. Dist. Ct. App. 2005)

. . . Section 73.091(1) of the Florida Statutes authorizes Florida’s courts to direct DOT to pay reasonable . . . that the owner had no contractual obligation to pay its experts for their efforts, because section 73.091 . . . DCA 2004) (holding that a post-trial proceeding to recover attorney’s fees and costs under section 73.091 . . .

STATE DEPARTMENT OF TRANSPORTATION, v. NASSAU PARTNERS, LTD., 878 So. 2d 1286 (Fla. Dist. Ct. App. 2004)

. . . that the owner had no contractual obligation to pay its experts for their efforts, because section 73.091 . . . Mar.5, 2004) (holding that a post-trial proceeding to recover attorney’s fees and costs under section 73.091 . . . We do agree with DOT that the lower court erred by failing to make the findings required by section 73.091 . . . Section 73.091(5) specifically states: “The court shall make specific findings that justify each sum . . . sufficiency of the findings in the latter order, and it appears from subsections (2), (3), and (4) of section 73.091 . . .

BAY III, INC. a J. a k a a M. v. DEPARTMENT OF TRANSPORTATION,, 873 So. 2d 625 (Fla. Dist. Ct. App. 2004)

. . . fees incurred during posttrial proceedings to recover the costs of their experts pursuant to section 73.091 . . .

WIGHT, v. WIGHT,, 880 So. 2d 692 (Fla. Dist. Ct. App. 2004)

. . . Robbins & Robbins, Inc., 700 So.2d 782, 785 (Fla. 5th DCA 1997) (barring fees for fees under §§ 73.091 . . .

H. ROBBINS, H. v. DEPARTMENT OF TRANSPORTATION,, 874 So. 2d 615 (Fla. Dist. Ct. App. 2004)

. . . s fees incurred during posttrial proceedings to recover the cost of her experts pursuant to section 73.091 . . .

ENTERPRISING PROFESSIONAL INVESTMENT CORPORATION, v. DEPARTMENT OF TRANSPORTATION,, 882 So. 2d 1014 (Fla. Dist. Ct. App. 2004)

. . . fees EPIC had incurred during posttrial proceedings to recover the cost of its experts under section 73.091 . . . After entry of the final judgment, EPIC moved to tax its attorney’s fees and costs under section 73.091 . . .

CITY OF NORTH MIAMI BEACH, v. H. REED,, 863 So. 2d 351 (Fla. Dist. Ct. App. 2003)

. . . Section 73.091 sets forth the parameters within which to award attorney’s fees. . . . thus held that “in determining the reasonableness of an attorney’s fee award, made pursuant to section 73.091 . . . t]he award of attorneys’ fees in condemnation proceedings is governed by the provisions of sections 73.091 . . . this clear supreme court precedent because the owners in Schick assumed without question that sections 73.091 . . .

MEDIPLEX CONSTRUCTION OF FLORIDA, INC. v. SCHAUB, 856 So. 2d 13 (Fla. Dist. Ct. App. 2003)

. . . Robbins and Robbins, Inc., 700 So.2d 782, 785 (Fla. 5th DCA 1997) (barring fees for fees under sections 73.091 . . .

SEMINOLE COUNTY, v. R. CHANDRINOS,, 816 So. 2d 1241 (Fla. Dist. Ct. App. 2002)

. . . Section 73.091, Florida Statutes (1998) governs the award of fees and costs in eminent domain proceedings . . . accept employment for the fees and costs awarded by the court pursuant to Florida Statute, section 73.091 . . . See § 73.091(1), Fla. Stat. (1998). . . . Section 73.091(1) addresses costs of eminent domain proceedings and provides for payment of attorney’ . . .

GOLF COURSE RESORTS, INC. E. Jr. v. DEPARTMENT OF TRANSPORTATION,, 816 So. 2d 236 (Fla. Dist. Ct. App. 2002)

. . . Regarding the motions to tax attorney’s fees and costs, section 73.091, Florida Statutes (2000), obligates . . . section 73.051, and they must prove the amount of their recoverable fees and costs pursuant to sections 73.091 . . .

YOUTH FOR CHRIST OF SARASOTA, INC. v. SARASOTA COUNTY, a, 765 So. 2d 794 (Fla. Dist. Ct. App. 2000)

. . . The landowner filed a motion to tax costs pursuant to section 73.091, Florida Statutes (Supp.1994), and . . .

AMOCO OIL COMPANY, v. STATE DEPARTMENT OF TRANSPORTATION,, 765 So. 2d 111 (Fla. Dist. Ct. App. 2000)

. . . . § 73.091(1), Fla. Stat. (1997). . . .

D. OWENS, R. v. ORANGE COUNTY,, 747 So. 2d 467 (Fla. Dist. Ct. App. 1999)

. . . The County contended that her fees were not “compensable” within the meaning of section 73.091(1), Florida . . . The right to recover fees for a business damage expert is controlled by section 73.091, Florida Statutes . . . proceedings in the circuit court, including a reasonable attorney’s fee to be assessed by that court.” § 73.091 . . .

DEPARTMENT OF TRANSPORTATION, v. JACK S QUICK CASH, INC., 748 So. 2d 1049 (Fla. Dist. Ct. App. 1999)

. . . The entitlement to recovery of fees and costs is controlled by section 73.091, Florida Statutes (1991 . . . Prior to the amendment to section 73.091, only one Florida court appears to have held that “expert” witness . . . found that these expenses should be considered as “reasonable costs” within the meaning of section 73.091 . . . Section 73.091 is a badly written statute but appears to authorize compensation for business damage experts . . . Under section 73.091, business damage expert fees are to be recovered only when business damages are . . .

BOULIS, v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 733 So. 2d 959 (Fla. 1999)

. . . Further, the governing statute, section 73.091, Florida Statutes (1997), provides for the payment of . . .

SEMINOLE COUNTY, v. M. G. INVESTMENTS OF ORLANDO, INC., 714 So. 2d 1066 (Fla. Dist. Ct. App. 1998)

. . . The court reasoned: Section 73.091, Florida Statutes (1993), provides for the award of attorney’s fees . . . We conclude an ownership interest in the property is required for a fee award under section 73.091, even . . . Because section 73.091 authorizes the award of fees only to a party with an ownership interest in the . . . Butler, 676 So.2d 451, 454 (Fla. 5th DCA), rev. den., 686 So.2d 581 (Fla.1996) (Noting that section 73.091 . . .

DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, v. ROBBINS AND ROBBINS, INC., 700 So. 2d 782 (Fla. Dist. Ct. App. 1997)

. . . the trial court erred because it failed to calculate the attorneys’ fees in conformity with sections 73.091 . . . Therefore, section 73.091(1), Florida Statutes (Supp.1994), does not apply. . . .

DEPARTMENT OF ENVIRONMENTAL PROTECTION, v. GIBBINS,, 696 So. 2d 888 (Fla. Dist. Ct. App. 1997)

. . . On the same day, Gibbins filed a motion for attorney’s fees pursuant to sections 73.091 and 73.092, Florida . . . is entitled to an award of its attorney’s fees incurred in the defense of the “taking” pursuant to § 73.091 . . . condemnation proceedings, and Gibbins was therefore not entitled to attorney’s fees pursuant to section 73.091 . . . Entitlement to costs and attorney's fees under section 73.091 survives voluntary dismissal of a petition . . .

DEPARTMENT OF TRANSPORTATION, v. SPRINGS LAND INVESTMENTS LTD., 695 So. 2d 414 (Fla. Dist. Ct. App. 1997)

. . . Section 73.091, Fla. . . .

DEPARTMENT OF TRANSPORTATION, v. WINTER PARK GOLF CLUB, INC., 687 So. 2d 970 (Fla. Dist. Ct. App. 1997)

. . . Section 73.091, Florida Statutes (1993), provides that: “[T]he petitioner shall pay all reasonable costs . . .

BROWARD COUNTY, a v. A. LaPOINTE G. A. U A, 685 So. 2d 889 (Fla. Dist. Ct. App. 1996)

. . . We reject the LaPointe’s argument that the parties used the term “costs” as it is used in section 73.091 . . .

R. GARBER, S. J. d b a T. F. M. v. STATE DEPARTMENT OF TRANSPORTATION,, 687 So. 2d 2 (Fla. Dist. Ct. App. 1996)

. . . . § 73.091(1), Fla.Stat. (Supp.1994). . . . On appeal, DOT maintains that, even if Woods is not apposite, section 73.091, Florida Statutes (1993) . . .

SEMINOLE COUNTY, v. S. BUTLER,, 676 So. 2d 451 (Fla. Dist. Ct. App. 1996)

. . . Section 73.091 of the Florida Statutes (1993), does not specify the type of legal work which is compensable . . . This case law is consistent with the amended version of section 73.091, which narrows the language of . . . See § 73.091, Fla.Stat. (Supp.1994). . . .

SEMINOLE COUNTY, v. DELCO OIL, INC., 669 So. 2d 1162 (Fla. Dist. Ct. App. 1996)

. . . In the case of eminent domain, for example, the legislature has provided in section 73.091 that the condemning . . . Based on the language of section 73.091, and to avoid any constitutional issue, we interpret section . . .

STATE DEPARTMENT OF TRANSPORTATION, v. DAYSTAR, INC., 674 So. 2d 754 (Fla. Dist. Ct. App. 1996)

. . . We reverse a judgment awarding attorney’s fees to Daystar under section 73.091, Florida Statutes (1989 . . .

SEMINOLE COUNTY, v. W. CLAYTON,, 665 So. 2d 363 (Fla. Dist. Ct. App. 1995)

. . . Section 73.091, Florida Statutes (1993), applicable to this case, provides: Costs of the proceedings. . . .

STATE DEPARTMENT OF TRANSPORTATION, v. BEN HILL GRIFFIN, INC., 636 So. 2d 825 (Fla. Dist. Ct. App. 1994)

. . . Section 73.091, Florida Statutes (1993), provides for the award of attorney’s fees in eminent domain . . . We conclude an ownership interest in the property is required for a fee award under section 73.091, even . . . Because section 73.091 authorizes the award of fees only to a party with an ownership interest in the . . .

RESOLUTION TRUST CORPORATION, d b a v. TOWN OF HIGHLAND BEACH,, 18 F.3d 1536 (11th Cir. 1994)

. . . . §§ 73.091, et seq. . . .

STATE DEPARTMENT OF TRANSPORTATION, v. A. WOODS,, 633 So. 2d 94 (Fla. Dist. Ct. App. 1994)

. . . Under section 73.091, Florida Statutes (1993), the landowner is entitled to just compensation from the . . . Therefore, there is no basis under section 73.091 for an award of his fees. . . . Section 73.091 mandates that the condemning authority shall pay the landowner all reasonable costs of . . .

SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, v. W. PARKER,, 622 So. 2d 1010 (Fla. Dist. Ct. App. 1993)

. . . $1,000,000 of benefit $1,170,000 15% of the benefit exceeding the first million $1,784,750 Total fee Section 73.091 . . . .1992), the court held that a Rowe contingency risk multiplier should not be utilized because section 73.091 . . .

FLORIDA DEPARTMENT OF REVENUE, v. A. DUDA SONS, INC., 608 So. 2d 881 (Fla. Dist. Ct. App. 1992)

. . . section 73.071, Florida Statutes (1991), and for costs, attorney’s fees, and appraisal fees under section 73.091 . . .

L. CARTER, v. CITY OF ST. CLOUD E. C., 598 So. 2d 179 (Fla. Dist. Ct. App. 1992)

. . . Carter subsequently sought payment for costs and fees under section 73.091, Florida Statutes (1987) for . . .

SCHICK, v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,, 599 So. 2d 641 (Fla. 1992)

. . . Although section 73.091 has been construed as providing for attorney’s fees in successful inverse condemnation . . . The purpose of section 73.091 is to “assure that the property owner is made whole when the condemning . . . that the property owner is made whole, the principles employed in making a fee award under section 73.091 . . . costs, including reasonable attorney’s fees, be assessed against the Department pursuant to section 73.091 . . . However, although the district court recognized that “[frequently a fee awarda-ble pursuant to section 73.091 . . . It concluded that under circumstances such as this, where entitlement to a fee under section 73.091 does . . . category, which includes eminent domain actions where the attorney is assured of a fee under section 73.091 . . . and hold that in determining the reasonableness of an attorney’s fee award, made pursuant to section 73.091 . . .

SCHICK, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, 586 So. 2d 452 (Fla. Dist. Ct. App. 1991)

. . . We hold that such services fall within the scope of sections 73.091 and 73.131, Florida Statutes (1989 . . . The petition for mandamus contained a prayer for attorney’s fees, pursuant to sections 73.091 and 73.131 . . . constitutional provision includes payment of attorney’s fees necessary to enforce the condemnees’ rights. §§ 73.091 . . . to the original proceeding in condemnation are similarly payable by the state pursuant to sections 73.091 . . .

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. SCHICK,, 580 So. 2d 648 (Fla. Dist. Ct. App. 1991)

. . . This court in Schick III specifically recognized that [frequently, a fee awardable pursuant to section 73.091 . . . , under certain circumstances, such as perhaps in the instant case where entitlement to a fee under 73.091 . . . adequate reasons which justify application of a contingency risk factor to a fee award pursuant to section 73.091 . . . Frequently a fee awardable pursuant to section 73.091 would not appropriately include a contingency risk . . . , under certain circumstances, such as perhaps in the instant case where entitlement to a fee under 73.091 . . . directive, the trial court entered a final order awarding appellees attorney’s fees pursuant to Section 73.091 . . . appears, therefore, that any such consideration is irrelevant when determining an award under sections 73.091 . . .

STANDARD GUARANTY INSURANCE CO. v. L. QUANSTROM,, 555 So. 2d 828 (Fla. 1990)

. . . . § 73.091, Fla.Stat. (1987). . § 733.106, Fla.Stat. (1987). .§ 738.13, Fla.Stat. (1987). . . .

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. SCHICK,, 553 So. 2d 361 (Fla. Dist. Ct. App. 1989)

. . . Their attorney sought fees pursuant to Section 73.091, Florida Statutes, representing that she had invested . . . Frequently a fee awardable pursuant to section 73.091 would not appropriately include a contingency risk . . . , under certain circumstances, such as perhaps in the instant case where entitlement to a fee under 73.091 . . .

DADE COUNTY, a v. MIDIC REALTY, INC. a A. A., 549 So. 2d 1207 (Fla. Dist. Ct. App. 1989)

. . . Pursuant to section 73.091, Florida Statutes (1987), the property owner is entitled to recover reasonable . . .

G. McDERMOTT A. v. CITY OF CLEARWATER,, 526 So. 2d 121 (Fla. Dist. Ct. App. 1988)

. . . The McDermotts are entitled to attorney’s fees as the “prevailing party” under section 73.091, Florida . . . Section 73.091, Florida Statutes (1987) provides in pertinent part: [T]he petitioner shall pay all reasonable . . .

COUNTY OF SARASOTA, a v. L. BURDETTE, U Em, s, 524 So. 2d 1064 (Fla. Dist. Ct. App. 1988)

. . . See § 73.091, Florida Statutes (1985). . . . Section 73.091, Florida Statutes (1985), states that: “The petitioner shall pay all reasonable costs . . .

WHAT AN IDEA, INC. d b a a k a v. SITKO,, 505 So. 2d 497 (Fla. Dist. Ct. App. 1987)

. . . .2d 1348 (Fla. 4th DCA 1986) (award of attorney’s fees in condemnation cases is governed by section 73.091 . . .

DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, v. RUSLAN, INC., 497 So. 2d 1348 (Fla. Dist. Ct. App. 1986)

. . . The award of attorneys’ fees in condemnation proceedings is governed by the provisions of Section 73.091 . . .

STATE DEPARTMENT OF TRANSPORTATION, v. FORTUNE FEDERAL SAVINGS AND LOAN ASSOCIATION,, 489 So. 2d 1216 (Fla. Dist. Ct. App. 1986)

. . . However, such awards are governed by sections 73.091 and 73.092, Florida Statutes (1985), and the legislature . . .

DIVISION OF ADMINISTRATION STATE DEPARTMENT OF TRANSPORTATION, v. IDEAL HOLDING COMPANY R., 480 So. 2d 243 (Fla. Dist. Ct. App. 1985)

. . . that Chapter 73 governed the eminent domain proceeding commenced by the State, and therefore Section 73.091 . . . When the State institutes a Chapter 73 proceeding in the circuit court, Section 73.091 provides: The . . .

FLORIDA POWER AND LIGHT COMPANY, v. FLICHTBEIL,, 475 So. 2d 1250 (Fla. Dist. Ct. App. 1985)

. . . Reasonable appraiser fees are clearly allowable as costs under section 73.091, Florida Statutes (1983 . . .

CITY OF ST. PETERSBURG, v. L. WALL D., 475 So. 2d 662 (Fla. 1985)

. . . . § 73.091, Fla.Stat. (1981). City of St. Petersburg, 419 So.2d at 1169. . . .

FLORIDA PATIENT S COMPENSATION FUND, v. ROWE,, 472 So. 2d 1145 (Fla. 1985)

. . . .-428, Fla.Stat. (1983) (attorney fees assessed against insurer), and §§ 73.091, 73.092, and 73.131, . . .

DEPARTMENT OF ADMINISTRATION, v. CITY OF ST. PETERSBURG,, 12 Fla. Supp. 2d 112 (Fla. Cir. Ct. 1985)

. . . matter having come on before the Court is a motion for award of attorneys’ fees pursuant to Section 73.091 . . . subject property which entitles them to have DOT pay any of their attorneys’ fees pursuant to Section 73.091 . . . constitutional sense and are entitled to have the DOT pay their attorneys’ fees pursuant to Section 73.091 . . . was a form of damages not within the jurisdiction of the Circuit Court, thus not subject to Section 73.091 . . . Additionally, independent of Section 73.091, Florida Statutes, REESE and HALPIN have a stipulated basis . . .

DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, v. DECKER, J., 450 So. 2d 1220 (Fla. Dist. Ct. App. 1984)

. . . Section 73.091, Florida Statutes (1981), provides that the petitioner in an eminent domain proceeding . . .

v., 4 Fla. Supp. 2d 56 (Fla. Cir. Ct. 1983)

. . . Section 73.091, Florida Statutes, required that: “The Petitioner shall pay all reasonable costs of the . . .

CITY OF ST. PETERSBURG, v. L. WALL D., 419 So. 2d 1167 (Fla. Dist. Ct. App. 1982)

. . . . § 73.091, Fla.Stat. (1981). . . .

DADE COUNTY, a v. S. DAVIDSON L., 418 So. 2d 1231 (Fla. Dist. Ct. App. 1982)

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

SERVICE INSURANCE COMPANY, a a a v. GULF STEEL CORPORATION, a, 412 So. 2d 967 (Fla. Dist. Ct. App. 1982)

. . . .2d 699 (Fla. 3d DCA 1975), cert. denied, 330 So.2d 20 (Fla.1976) (eminent domain suit under sections 73.091 . . .

GRIESER, v. DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION,, 371 So. 2d 164 (Fla. Dist. Ct. App. 1979)

. . . Instead, Section 73.091, Florida Statutes (1977), simply provides: 73.091 Costs of the proceedings. — . . .

FLORIDA DEPARTMENT OF TRANSPORTATION v. TROST INTERNATIONAL, FLORIDA DEPARTMENT OF TRANSPORTATION v. BASS ENTERPRISES PRODUCTION CO., 47 Fla. Supp. 175 (Lee Cty. Cir. Ct. 1978)

. . . Liability for court costs and attorney’s fees in eminent domain proceedings is governed by Florida Statute 73.091 . . . than a jury determination of fees and costs, compare Florida Statute, 73.11 (1951) to Florida Statute 73.091 . . . Because defendant does not own a property interest in the parcels condemned, Florida Statute 73.091 does . . .

GENERAL FINANCE CORPORATION v. KIERNAN, 47 Fla. Supp. 92 (Palm Beach Cty. Ct. 1978)

. . . For example, Sec. 61.16 Florida Statutes authorizes attorney’s fees in divorce actions; Sec. 73.091 Florida . . .

DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, v. S. DENMARK, 356 So. 2d 15 (Fla. Dist. Ct. App. 1978)

. . . Pursuant to Sec. 73.091 (Florida Statutes 1975) the trial court determined that a reasonable attorney . . .

DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, v. GRANT MOTOR COMPANY, 345 So. 2d 843 (Fla. Dist. Ct. App. 1977)

. . . Although Section 73.091, Florida Statutes, applies regardless of whether the damages sought are awarded . . . Sec. 73.091, Fla.Stat. (1975): The petitioner shall pay all reasonable costs of the proceedings in the . . .

ZUBERBUHLER v. DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION,, 344 So. 2d 1304 (Fla. Dist. Ct. App. 1977)

. . . See also, Section 73.091, Florida Statutes, which requires the condemning authority to pay all reasonable . . .

A. NEWCOMBE v. SOUTH FLORIDA BUSINESS NEGOTIATORS, INC. a, 340 So. 2d 1192 (Fla. Dist. Ct. App. 1976)

. . . See e. g„ §§ 73.091; 627.428, Fla. Stat. (1975). . . .

ESTATE G. HAMPTON, v. FAIRCHILD- FLORIDA CONSTRUCTION COMPANY, a, 341 So. 2d 759 (Fla. 1976)

. . . omitted) There is no contract here nor any equitable fund or estate, but appellee argues that Section 73.091 . . . Section 73.091 directs the award of a reasonable attorney’s fee in eminent domain cases brought under . . . Chapter 73.091, Florida Statutes (which is the Eminent Domain Statute) provides: “Petitioner shall pay . . .

CANAL AUTHORITY a v. OCALA MANUFACTURING, ICE AND PACKING COMPANY, a, 332 So. 2d 321 (Fla. 1976)

. . . . § 73.091. . . .

M. HODGES v. DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, 323 So. 2d 275 (Fla. Dist. Ct. App. 1975)

. . . . § 73.091 (1973) requires the condemning authority to pay all reasonable costs and attorneys’ fees incurred . . .

DEPARTMENT OF TRANSPORTATION, v. UNEX LEASING,, 43 Fla. Supp. 38 (Lake Cty. Cir. Ct. 1975)

. . . to determine reasonable costs to be paid by the plaintiffs including attorney’s fees as provided in §73.091 . . . Aulls based upon the facts of this particular case, since Florida Statutes §73.091 provides that the . . .

DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, v. CONDOMINIUM INTERNATIONAL,, 317 So. 2d 811 (Fla. Dist. Ct. App. 1975)

. . . . § 73.091, F.S.A. specifically provides that the condemning authority must pay “all reasonable costs . . .

DADE COUNTY, a v. OOLITE ROCK COMPANY, a Dr. T. a, 311 So. 2d 699 (Fla. Dist. Ct. App. 1975)

. . . The requirement for the payment thereof is fixed by § 73.091 Fla.Stat., F.S.A., which the Supreme Court . . .

GIACHETTI, a J. J. v. JOHNSON, 308 So. 2d 143 (Fla. Dist. Ct. App. 1975)

. . . See F.S. 73.091 which requires a petitioner in a condemnation action to pay all reasonable costs of the . . .

STATE DEPARTMENT OF TRANSPORTATION, v. J. P. SHAW L., 303 So. 2d 75 (Fla. Dist. Ct. App. 1974)

. . . (F.S. 73.091) The trial court is better equipped to hear evidence and make such a determination than . . .

CITY OF MIAMI BEACH, a v. A. J. CUMMINGS, 266 So. 2d 122 (Fla. Dist. Ct. App. 1972)

. . . See § 73.091, Fla.Stat. F.S.A.; Jacksonville Expressway Auth. v. Henry G. . . .

OWENBY AUTO PARTS, INC. v. M. JENNINGS,, 259 So. 2d 537 (Fla. Dist. Ct. App. 1972)

. . . . § 73.091, F.S.A., provides: “The petitioner shall pay all reasonable costs of the proceedings in the . . .

CITY OF MIAMI BEACH, a v. LIFLANS CORPORATION, a, 259 So. 2d 515 (Fla. Dist. Ct. App. 1972)

. . . Stat., F.S.A., relating to eminent domain, § 73.091 provides: “The petitioner shall pay all reasonable . . .

CITY OF MIAMI BEACH, a v. MANILOW, 253 So. 2d 910 (Fla. Dist. Ct. App. 1971)

. . . Cummings, Fla.App.1970, 239 So.2d 501; § 73.091, Fla.Stat.1969, F.S.A.; cf. § 73.131(2), Fla.Stat.1969 . . . property involved for the purposes of establishing the reasonable attorney’s fees to be assessed. § 73.091 . . .

CITY OF MIAMI BEACH, a v. A. J. CUMMINGS M. D. D., 239 So. 2d 501 (Fla. Dist. Ct. App. 1970)

. . . See Section 73.091, Fla.Stat. F.S.A. . . . Section “73.091 Costs of the Proceedings. — The petitioner shall pay all reasonable costs of the proceedings . . .

CITY OF HALLANDALE, a v. F. CHATLOS, a M. L. A. J. G. B. Jr. P. L. M., 236 So. 2d 761 (Fla. 1970)

. . . . § 73.091, F.S.A. . . . illusory, and the order of the trial judge granting attorneys’ fees is within the purview of Fla.Stat. § 73.091 . . .

CITY OF MIAMI BEACH, a v. A. J. CUMMINGS, 233 So. 2d 842 (Fla. Dist. Ct. App. 1970)

. . . See § 73.091, Fla.Stat., F.S.A.; Jacksonville Expressway Auth. v. Henry G. . . .

SOLAR RESEARCH CORPORATION, a N. v. F. PARKER, Jr. F. L. A. Jr. a Jr., 221 So. 2d 138 (Fla. 1969)

. . . . §§ 73.091, 73.131 (1967), F.S.A. . Fla.Stat. §§ 61.071, 61.16 (1967), F.S.A. . . . .

D. PLANTE v. CANAL AUTHORITY a, 218 So. 2d 243 (Fla. Dist. Ct. App. 1969)

. . . . § 73.091, F.S.A. . . .

CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT v. SCOTT, 30 Fla. Supp. 37 (Indian River Cty. Cir. Ct. 1968)

. . . setting attorney fees for defendants’ respective counsel, to be paid by petitioner under provisions of §73.091 . . . hour or such amount as the trial judge may deem reasonable, and the same shall be taxed as costs ” §73.091 . . . Now the law requires attorney’s fees to be assessed by the court. §73.091, F. S. 1967. . . .

C. SMITH, R. B. Jr. J. M. Sr. C. R. W. H. F. v. CITY OF TALLAHASSEE, a, 198 So. 2d 380 (Fla. Dist. Ct. App. 1966)

. . . . § 73.091, F.S.A., in pari materia with F.S. § 73.131, F.S.A., we are of the view that the provisions . . .

GEORGIA SOUTHERN AND FLORIDA RAILWAY COMPANY, a a a v. DUVAL CONNECTING RAILROAD COMPANY, a, 187 So. 2d 405 (Fla. Dist. Ct. App. 1966)

. . . * reasonable costs of the-proceedings * * * including a reasonable attorney’s fee * * * ”, Section 73.091 . . .