Ryan v. City of Boynton Beach (157 So. 3d 417, 2015)

STEVENSON, J.

This case has its genesis in eminent domain proceedings initiated by the City of Boynton Beach against Theodore Ryan. Presently, appellant Ryan alleges error in the denial of his motion seeking the award of both the attorney’s fees incurred in connection with a prior appeal and the trial level fees incurred in connection with litigating the parties’ competing motions for disbursement of the funds being held in the court’s registry. We reverse the order appealed and remand for further proceedings consistent with this opinion.

Ryan owned two parcels of property in Boynton Beach: his home (parcel 1) and a vacant lot (parcel 2). In 1998, the City recorded two orders imposing fines for code violations originating on parcel 1, resulting in liens attaching to all real and personal property owned by Ryan, which included parcel 2. In 2008, the City initiated eminent domain proceedings with respect to parcel 2, which resulted in the entry of an order of taking and a final consent judgment in the amount of $99,000. The court reserved jurisdiction to determine the rights of Ryan, lienhold-ers, and other claimants “in respect to the compensation for the parcel,” and the City paid the $99,000 into the court’s registry. Ryan was awarded the attorney’s fees he incurred in connection with defending the eminent domain proceedings. The fee award resulted in an appeal by the City, see City of Boynton Beach v. Janots, 929 So.2d 1099 (Fla. 4th DCA 2006)