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

Nos. 91-03660 and 91-03661.

603 So.2d 33 (1992)

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES; Boll Weevil Eradication Foundation of Florida, Inc.; and Southeastern Boll Weevil Eradication Foundation, Inc., Appellants/Cross-Appellees, v. Roy WARD, J.W. Bauldree, Willie H. Jones, Joe Jones, and Jimmy Jones, Appellees, Cross-Appellants.

District Court of Appeal of Florida, First District.

Rehearing Denied September 2, 1992.

Attorney(s) appearing for the Case

James R. Kelly, Office of Gen. Counsel, Tallahassee, for appellant/cross-appellee Dept. of Agriculture and Consumer Services.

Robert A. Tucker and Robert L. White, White, Tucker & Cleaves, P.A., Memphis, Tenn., and Roy V. Andrews, Lindsay, Andrews & Leonard, P.A., Milton, for appellants/cross-appellees Boll Weevil Eradication Foundation of Florida, Inc., and Southeastern Boll Weevil Eradication Foundation, Inc.

C. Thomas Holland, Crestview, for appellees/cross-appellants.

PER CURIAM.

This cause is before us on appeal and cross appeal from a nonfinal order holding section 593.114, Florida Statutes (1991), unconstitutional. After entry of the order below, the Legislature amended section 593.114, Florida Statutes.1 This amendment purportedly affects the basis of the trial court's decision and assessments involved here. Therefore, we vacate the order below holding the statute unconstitutional, and remand to...

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