Reso 2015-2445 - Laserfiche WebLink

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condominium association. Trial T. 687. And the developer of the Mystic Pointe marina also owned the uplands. Trial T. 662. Here, by contrast, Respondent presented no evidence whatsoever that he had control of any upland parcels, either through ownership, a lease, or a development agreement with any adjacent landowners. As such, neither Mr. Newstreet's sales comparison study nor Mr. Checca's testimony supported the conclusion that the 46 boat slips at issue could be sold to the Winston Tower condominium unit owners. Even more, Mr. Newstreet admitted that he had not performed any market surveys to determine whether any Winston Towers unit owners were interested in buying a private boat slip. Trial T. 753-55. He had not spoken to any developers to assess whether they would buy the subject property under these conditions. Trial T. 745. In fact, Mr. Newstreet's research did not uncover an expression of interest by any entity in purchasing and developing the property. Trial T. 757. The evidence related to the amount of severance damages Respondent incurred was based on pure speculation, was improperly admitted, and contaminated the entire trial. See Yoder, 81 So. 2d at 221. Indeed, based on his conclusion that the 46 boat slips could be sold to the Winston Tower condominium unit owners, Mr. Newstreet opined that the compensation due to Respondent for the taking of the subject property was $60,000 and the amount of severance damages was $795,000. The jury awarded those very same amounts to Respondent. Clearly, the jury's verdict was influenced by the speculative testimony of Respondent's witnesses. F. The trial court should have prohibited Respondent's use of the conceptual site plan as a demonstrative exhibit. At trial, the court allowed Respondent to use as a demonstrative exhibit a conceptual site plan depicting the 46 boat slips, which was created by Mr. Checca. Trial T. 671. Because the 12