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SPADE ENGINEERING CO. v. STATE, DEPT. OF ENVIRONMENTAL

No. 96-02622.

697 So.2d 974 (1997)

SPADE ENGINEERING COMPANY, James F. Spade, II and Rookery Bay Utility Company, Appellants, v. STATE of Florida, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellee.

District Court of Appeal of Florida, Second District.

August 6, 1997.

Attorney(s) appearing for the Case

Lawrence D. Martin of Lawrence Dent Martin, P.A., Naples, for Appellant James F. Spade, II.

Robert S. Medvecky, Fort Myers and Sanford M. Martin, Naples, for Appellant Rookery Bay Utility Company.

Nona R. Schaffner, Tallahassee, for Appellee.

FRANK, Acting Chief Judge.

Spade Engineering Company, James F. Spade, II and Rookery Bay Utility Company, collectively referred to as Rookery Bay, appeal from an order of contempt. We reverse because the order of contempt contains a defective purge provision with which it is impossible for the contemnor to comply.

Rookery Bay had previously entered into a consent final judgment with the Department of Environmental Protection (DEP) after DEP filed suit against...

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