Orange County Expressway Authority

The Fifth District court of appeal in Orange County limited the amount of attorney fees in an over-litigated eminent domain case.

When the John Land Apopka Expressway was being built, the Orlando Orange County Expressway Authority (OOCEA) tried to purchase land mainly owned by Joseph Doerr's trust.  OOCEA offered $4.9 million and when the landowners rejected the offer, a jury determined that the property's fair market value was nearly $5.8 million.

At the attorney-fees hearing, the problem occurred when determining whether the fees should be calculated using Florida Statutes 73.092, subsection 1 or 2.  Subsection 1 states that attorney fees are based "solely on the benefits achieved for the client", which OOCEA felt was appropriate.  The landwoners felt subsection 2, which states the parties will come to a "reasonable" fee agreement, was more applicable.

The Fifth District Court of Appeal decided it was a subsection 1 case.  The court explained that Florida's undivided fee rule "requires the jury in an eminent domain proceeding to value the property as a whole, irrespective of the interests held in the parcel.  The trial court then determines in a summary, supplemental proceeding the portion to be awarded to all interested parties, including lessees."