E.I. DuPONT DE NEMOURS v. LAMBERT

No. 94-00500.

654 So.2d 226 (1995)

E.I. DuPONT DE NEMOURS & COMPANY, Appellant, v. BILLY W. LAMBERT; Amelia P. Lambert; Conrad Lifsey and Mary Ann Lifsey, partners, doing business as Sunshine Foliage World, a Florida general partnership; the Lakeland Publishing Corporation; Florida Department of Agriculture and Consumer Affairs; Asgrow Florida Company; and Helena Chemical Company, Appellees.

District Court of Appeal of Florida, Second District.

April 21, 1995.


Attorney(s) appearing for the Case

Arthur J. England, Jr., Charles M. Auslander and Christopher L. Kurzner of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami; and John A. Boudet of Cabaniss, Burke & Wagner, P.A., Orlando, for DuPont.

Gregg D. Thomas, Steven L. Brannock and Elizabeth Belsom Johnson of Holland & Knight, Tampa; and George Freeman of the New York Times Co., New York City, for the Lakeland Ledger Pub. Corp.

Harry Lewis Michaels, Tallahassee, for Florida Dept. of Agriculture & Consumer Services.

Shelley Davis of the Farmworker Justice Fund, Inc., Washington, DC; Carl M. Webster of the Rural Law Center, Inc., Apopka; and Robert A. Williams of the Florida Rural Legal Services, Inc., Tallahassee, for amicus curiae the Florida Farmworker Ass'n and the Nat. Coalition Against Misuse of Pesticides.

Sharon Lee Stedman of Sharon Lee Stedman, P.A., Orlando, for amicus curiae the Florida Defense Lawyers Ass'n.

Loren E. Levy of Law Offices of Larry E. Levy, Tallahassee, for amicus curiae the Academy of Florida Trial Lawyers.

Robert A. Butterworth, Atty. Gen. and Charlie McCoy, Asst. Atty. Gen., Tallahassee, for amicus curiae the State of Fla.


QUINCE, Judge.

E.I. DuPont De Nemours & Company (DuPont) appeals an order setting aside a confidentiality order. Because the trial court did not afford DuPont procedural due process, we reverse.

Billy Lambert and others (the appellees) brought suit against DuPont and others alleging that ornamental plants grown for commercial sale were harmed by Benlate ◯ R 50 DF (Benlate). The suit against DuPont was based upon negligence and strict liability....

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