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DEPT. OF AGR. & CONSUMER SERV. v. POLK

No. 73842.

568 So.2d 35 (1990)

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Appellants/Cross-Appellees, v. Richard O. POLK, etc., Appellee/Cross-Appellant.

Supreme Court of Florida.

September 27, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Beverly S. McLear, Asst. Atty. Gen., Tallahassee, Parker Thomson of Thomson, Muraro, Bohrer and Razook, P.A., Sp. Asst. Atty. Gen., Miami, and Mallory Horne, Gen. Counsel, Dept. of Agriculture and Consumer Services, Tallahassee, for appellants/cross-appellees.

J. Davis Connor of Peterson, Myers, Craig, Crews, Brandon & Mann, P.A., Lake Wales, and Douglas A. Lockwood, III, Winter Haven, for appellee/cross-appellant.

M. Stephen Turner and David K. Miller of Broad and Cassel, Tallahassee, amicus curiae for Mid-Florida Growers, Inc. and Himrod and Himrod Citrus Nursery.

EHRLICH, Justice.

We have on appeal a case which the Second District Court of Appeal certified as being of great public importance and requiring immediate resolution by this Court. We have jurisdiction. Art. V, § 3(b)(5), Fla. Const.

In September 1984, a bacterial disease was discovered by the Florida Department of Agriculture and Consumer Services (Department) in Ward's Citrus Nursery in Polk County. On September 10, 1985, lesions similar to those found...

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