Florida District Courts of Appeal, 1991

Broward County v. Pizio

Broward County v. Pizio
Florida District Courts of Appeal · Decided April 24, 1991 · Downey, Hersey, Warner
579 So. 2d 762; 1991 Fla. App. LEXIS 3652; 1991 WL 60865 (Southern Reporter, Second Series)

Broward County v. Pizio

Opinion of the Court

PER CURIAM.

We affirm, holding that it was not an abuse of discretion to preserve property in its present state for a jury view in eminent domain proceedings. See Annotation, Right to View by Jury in Condemnation Proceedings, 77 A.L.R.2d 548, 564 and cases cited therein. We need not and therefore do not answer the question whether use of the term “shall” in section 73.071(3)(b), Florida Statutes (1989), would prohibit an exercise of discretion denying a motion to preserve for jury view.

AFFIRMED.

HERSEY, C.J., and DOWNEY and WARNER, JJ., concur.

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