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STATE ENVIRON. PROTECT. v. FLEET CREDIT

No. 96-0455.

691 So.2d 512 (1997)

STATE of Florida DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant, v. FLEET CREDIT CORPORATION, Betty Burns, individually and as Trustee of the Pauline P. Burns Trust—James Allan Burns Family Share; Lucille S. Burns, individually and as Trustee of the Pauline P. Burns Trust—Thomas P. Burns Family Share; Patti Burns; Lynn Glover; Brent Lee Glover; Tara Lynn Glover; Sheldon Golding as Trustee of the Pauline P. Burns Trust—Robert M. Burns Family Share; Elenor B. Burns; Robert M. Burns, Jr.; Suzanne B. Brown; Michael P. Burns; Pauline Lindstrom (formerly Pauline J. Burns); William Burns; Marianne O'Connell (formerly known as Marianne E. Burns); Michael Robert Hines, Appellees.

District Court of Appeal of Florida, Fourth District.

Certification Denied April 23, 1997.

Attorney(s) appearing for the Case

Jeanne Elias, Assistant General Counsel, Tallahassee, for appellant.

Kenneth R. Hartmann of Kozyak, Tropin & Throckmorton, P.A., Miami, for appellee-Fleet Credit Corporation.

GUNTHER, Chief Judge.

Appellant, Florida's Department of Environmental Protection ("DEP"), filed a complaint against Appellee, Fleet Credit Corporation ("Fleet"), alleging that Fleet was responsible for continuing injury to groundwater caused by the current seepage of hazardous substances disposed and discharged on commercial property in the 1980s. The DEP sought investigative costs, damages, civil fines, and an injunction

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