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STATE, DEPT. OF AGR. & CONS. SERV. v. MID-FLORIDA GROWERS, INC.

No. 88-1369.

541 So.2d 1243 (1989)

STATE of Florida, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Appellant, v. MID-FLORIDA GROWERS, INC., and Himrod & Himrod Citrus Nursery, a Partnership Composed of Joe Himrod and Joe B. Himrod, Appellees.

District Court of Appeal of Florida, Second District.

March 8, 1989.

Attorney(s) appearing for the Case

Harry L. Michaels, Asst. General Counsel, Dept. of Agriculture and Consumer Services, Robert A. Butterworth, Atty. Gen., Louis F. Hubener and Beverly McLear, Asst. Attys. Gen. Dept. of Legal Affairs, Tallahassee, for appellant.

M. Stephen Turner and David K. Miller of Broad and Cassell, Tallahassee, for appellees.

ALTENBERND, Judge.

The Department appeals a final judgment which awards damages to two citrus nursery owners in an inverse condemnation proceeding. The final judgment compensates the nursery owners both for the Department's destruction of their existing nursery stock in October 1984 and for subsequent lost or retarded production of new stock. We affirm the jury's award to compensate the nursery owners for the destruction...

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