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KIRK v. U.S. SUGAR CORP.

No. 96-4145.

726 So.2d 822 (1999)

Former Governor Claude R. KIRK, individually and in the name of the State of Florida; Albert A. Peterson, individually and as parent and natural guardian of his minor children; Letitia Burchell Fowler, individually and as parent and natural guardian of her minor child, Kentron Fowler; Ola Day Smith, individually and as grandparent and natural guardian of her minor grandchild, Frankie Day; Mary Lee Davis, individually and as parent and natural guardian of her minor children, Laurana Davis, Edleshia Davis, and Vanesha Davis; Lee Perry; Lillie B. Day; Lily Parkhurst; and Laura Regaldo, Appellants, v. UNITED STATES SUGAR CORPORATION; Flo-Sun, Incorporated; Okeelanta Corporation; A Duda & Sons, Inc.; Sugar Cane Growers Cooperative of Florida; and QO Chemicals, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 3, 1999.

Attorney(s) appearing for the Case

Russell S. Bohn of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, and Jack Scarola of Searcy, Denney, Scarola, Barnhart & Shipley, P.A., West Palm Beach, for appellants.

Jack J. Aiello and Robert T. Scott of Gunster, Yoakley, Valdes-Fauli & Stewart, P.A., West Palm Beach, for Appellee-United States Sugar Corporation.

Thomas J. Guilday and Vikki Shirley of Huey, Guilday & Tucker, Tallahassee, for Appellee-QO Chemicals, Inc.

Gary P. Sams and Gary K. Hunter, Jr., of Hopping, Green, Sams & Smith, P.A., Tallahassee, and Margaret L. Cooper of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, for Appellee-Sugar Cane Growers Cooperative of Florida.

Vicki L. Wulf and Gerry S. Gibson of Steel Hector & Davis, LLP, West Palm Beach, for Appellees-Flo-Sun, Incorporated and Okeelanta Corporation.

ON MOTION FOR REHEARING, REHEARING EN BANC, AND CERTIFICATION

PER CURIAM.

We deny appellants' motion for rehearing, rehearing en banc, and motion for certification. Moreover, we withdraw our earlier opinion filed March 18, 1998, and substitute the following.

Plaintiffs appeal the trial court's dismissal of their amended complaint with prejudice. We reverse and remand for further proceedings.

Appellants, Former Governor Claude Kirk...

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