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Florida District Courts of Appeal, 1993

State, Department of Transportation v. Madison Country Club, Inc.

State, Department of Transportation v. Madison Country Club, Inc.
Florida District Courts of Appeal · Decided May 17, 1993 · Allen, Booth, Miner
620 So. 2d 1026; 1993 Fla. App. LEXIS 5464; 1993 WL 157759 (Southern Reporter, Second Series)

State, Department of Transportation v. Madison Country Club, Inc.

Opinion of the Court

PER CURIAM.

The final judgment of the trial court is affirmed in all respects save one. To the extent that the judgment entered includes awards of prejudgment interest against the Department of Transportation, such awards of prejudgment interest must be reversed. § 768.28(5), Fla.Stat.; State Department of Transportation v. Bailey, 603 So.2d 1384 (Fla. 1st DCA 1992) (on motion for rehearing). The case is remanded to the trial court for entry of a modified order consistent with this opinion.

AFFIRMED in part, REVERSED in part, and REMANDED.

BOOTH, MINER and ALLEN, JJ., concur.

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