This case involved appellants, who leased property from Shell Oil Company that was subject to a full taking in eminent domain proceedings by the Florida Department of Transportation. After challenging the order of taking and then dismissing their appeal in exchange for extended possession of the property until September 1996, during which they earned $58,098 in business profits, appellants sought additional attorney's fees equal to 33% of those profits under section 73.092, Florida Statutes. The trial court denied the fees, finding no monetary or nonmonetary benefits achieved for the clients by their attorney, and the appellate court affirmed, ruling that any profits resulted from the appellants' own efforts rather than the attorney's and that the unpreserved constitutional challenge to the statute did not constitute fundamental error. The court noted that business damages are unavailable in whole takings and that the lease assigned most condemnation rights to the lessor.

propertyprocedurebusiness & regulatory