SMURFIT INDUSTRIES, INC. v. STATE, DEPT. OF ENVTL. REG.

No. 91-3083.

620 So.2d 1047 (1993)

SMURFIT INDUSTRIES, INC., a Delaware corporation, d/b/a Austill Packaging, Appellant/Cross-Appellee, v. STATE of Florida DEPARTMENT OF ENVIRONMENTAL REGULATION and City of Jacksonville, a Municipal Corporation, Appellees/Cross-Appellants.

District Court of Appeal of Florida, First District.

Rehearing Denied July 23, 1993.


Attorney(s) appearing for the Case

Christopher D. Gray, James C. Rinaman, Jr., and Linda C. Ingham of Marks, Gray, Conroy & Gibbs, P.A., Jacksonville, Lynne A. Monaco of Nixon, Hargrave, Devans & Doyle, Rochester, New York, for appellant/cross-appellee.

John P. Ingle, Asst. General Counsel, Dept. of Environmental Regulation, Tallahassee, for appellee/cross-appellant/DER.

John A. Delaney, General Counsel, Daniel D. Richardson, Deputy General Counsel, Jacksonville, for appellee/cross-appellant/City.


PER CURIAM.

With respect to the points on appeal urged by appellant, it appears that each involves either the trial court's interpretation of relevant provisions of the consent judgment entered into by the parties or whether there exists competent substantial evidence to support the trial court's factual findings.

The cross-appeal challenges the trial court's interpretation of the penalty provision contained in the above-mentioned consent judgment.

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