Monroe County & The State of Florida v Galleon Bay Corp. (Fla. 3d DCA 2007)

Outcome: New Trial Order Affirmed

Description: After an inverse condemnation (jury) trial in which Monroe County presented improper expert testimony on Fair Market Value, the landowner (Galleon Bay Corporation) moved for a new trial. Judge Payne granted the motion. The County and the State then appealed Judge Payne's new trial Order to the Third DCA. The order was affirmed. Unfortunately, Judge Payne retired and his successor, David Audlin, exhibits substantial bias in favor of government. Judge Audlin has taken it on himself to reverse as many of Judge Payne's orders as he can. The new trial in the Galleon Bay case has been tentatively scheduled for March of 2009 -- two years after the Third DCA affirmed the order above.