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STATE v. VARELA

No. 98-2966.

732 So.2d 1146 (1999)

STATE of Florida, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Appellant, v. Luis VARELA, Juana Blaha, John Avila, and Graciela Avila, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 2, 1999.

Attorney(s) appearing for the Case

Adorno & Zeder and Wesley R. Parsons and Raoul G. Cantero, III and Jeffrey W. Blacher, Miami, for appellant.

Robles & Gonzalez and Ervin A. Gonzalez and Michael A. Pfundstein, Miami; John H. Ruiz and Luisa M. Linares; and Robert W. Rodriguez, Miami, for appellees.

Before COPE, LEVY, and SORONDO, JJ.

PER CURIAM.

The trial court erred in certifying a class of plaintiffs in a case where the plaintiffs have no cause of action. See Department of Agriculture v. Polk, 568 So.2d 35 (Fla. 1990).

Because we are obligated to follow the precedent set forth in Polk, plaintiffs' (appellees) argument that the correct measure of damages is the replacement cost of the trees that were cut, and defendant's (appellant) contention...

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