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Filing # 28733182 E-Filed 06/19/2015 05:03:36 PM <br /> IN THE CIRCUIT COURT OF THE 11'H <br /> JUDICIAL CIRCUIT IN AND FOR <br /> MIAMI-DADE COUNTY, FLORIDA <br /> SUNNY ISLES BEACH, a political <br /> subdivision of the State of Florida, CASE NO.: 12-26693 CA09 <br /> Petitioner, PARCEL A <br /> vs. <br /> CALVARY CORP, a dissolved Florida <br /> corporation; R. TUCKER, TRUSTEE; J. <br /> TUCKER, TRUSTEE; and MIAMI-DADE <br /> COUNTY, <br /> Respondents. <br /> PETITIONER'S MOTION FOR NEW TRIAL OR, <br /> IN THE ALTERNATIVE,REMITTITUR <br /> Petitioner, SUNNY ISLES BEACH, by and through undersigned counsel, and pursuant <br /> to Florida Rule of Civil Procedure 1.530(a), hereby moves for a new trial or in the alternative, for <br /> remittitur, and in support thereof, states as follows: <br /> BACKGROUND <br /> 1. After a five-day jury trial in this condemnation action, a verdict was returned <br /> against Petitioner, Sunny Isles Beach ("City") in favor of Respondent, Karen Tucker, Trustee, in <br /> the total amount of $855,000. This verdict amount triggered an award of attorney's fees of <br /> $222,500.00 <br /> 2. During trial, Respondent's expert witnesses were allowed to testify that the value <br /> of the condemned underwater property was $60,000, and that severance damages to <br /> Respondent's remainder of the underwater property, incurred as a result of Petitioner's taking, <br /> was $795,000. To support this opinion, Respondent's expert engineers, planner and real estate <br /> 1 <br />