Zivelonghi

Plaintiff appealed from a judgment setting the amount of compensation to be paid defendants in a condemnation action. After the appeal was filed, defendants moved for a redetermination of probable compensation in the amount of the judgment. This motion was granted by the trial court. Plaintiff appealed from this order (E001709). Defendants then moved for a judgment of dismissal and abandonment. Defendants appeal from the trial court’s order denying this motion (E002038).

Facts

Plaintiff brought an eminent domain action in which it alleged ownership of an easement for public road and highway purposes over defendants’ land. Defendants answered and denied this claim.

Plaintiff’s appraisal and deposit into court, for an order of immediate possession, covered exclusively defendants’ improvements located on part of the claimed easement. The amount plaintiff deposited covered improvements only because plaintiff claimed an easement in the property. Based on this deposit, plaintiff obtained an order of possession, moved the defendants’ improvements and built a highway.

After plaintiff obtained possession of the property, a nonjury trial was held to determine the ownership and…