Winn-Dixie Stores, Inc. v. Department of Transp.

Paul D. Bain

Case Conclusion Date:January 22, 2003

Practice Area:Real Estate

Outcome:Tenant successfully claimed apportionment

Description:Lessee of store in shopping center sought apportionment of condemnation proceeds and opposed lessor's motion to release escrowed funds received from the Department of Transportation after Department condemned portion of shopping center's parking lot. The Circuit Court, Polk County, Dennis P. Maloney, J., granted lessor's motion and denied apportionment. Lessee appealed. The District Court of Appeal, Stringer, J., held that lessee had leasehold interest in parking lot, entitling it to apportionment of condemnation proceeds.