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FLORIDA CITRUS NURSERY, INC. v. STATTE, DEPT. OF AGR. AND CONSUMER AFFAIRS

No. 90-00860.

570 So.2d 1355 (1990)

FLORIDA CITRUS NURSERY, INC., Appellant, v. The STATE of Florida, DEPARTMENT OF AGRICULTURE AND CONSUMER AFFAIRS, Roland L. Dilley, Individually and As Trustee, William N. Dakos, Individually and As Trustee, Lynne C. Taylor, and William A. Taylor, As Co-Personal Representatives of the Estate of Claude E. Taylor, William A. Taylor, As Trustee, and Avon Citrus Nursery, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 20, 1990.

Attorney(s) appearing for the Case

Dabney L. Conner of Boswell, Stidham, Conner & Wilson, P.A., Bartow, and Peter J. Winders and Spencer M. Punnett II of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, for appellant.

Talbot D'Alemberte, Brian Brattebo, and Adalberto Jordan of Steel Hector & Davis, Miami, for appellee Avon Citrus Nursery, Inc.

HALL, Judge.

The appellant Florida Citrus Nursery, Inc. (FCNI) challenges an order declaring the appellee Avon Citrus Nursery, Inc. (Avon) to be the owner of a particular chose in action by virtue of its purchase of the Florida Citrus Nursery at a judicial sale. We reverse.

The Florida Citrus Nursery was a partnership of which FCNI was the managing partner. Pursuant to an action filed in 1986, the partnership was declared dissolved. Finding that justice would...

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