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FLORIDA MARINE FISHERIES v. PRINGLE

No. 98-1500.

736 So.2d 17 (1999)

FLORIDA MARINE FISHERIES COMMISSION (DIVISION OF LAW ENFORCEMENT) and The State of Florida Department of Environmental Protection, Appellants, v. Raymond S. PRINGLE, Jr. and Ronald Fred Crum, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 17, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Jonathan A. Glogau, Assistant Attorney General, Tallahassee, for Appellant Marine Fisheries Commission.

John W. Costigan, Deputy General Counsel, Andrew J. Baumann and M.B. Adelson, Assistant General Counsel, for Appellant Department of Environmental Protection.

Ronald A. Mowrey and L. William Porter III of Mowrey & Minacci, P.A., Tallahassee, for Appellees.

BENTON, J.

The Marine Fisheries Commission (MFC) and the Department of Environmental Protection (DEP) appeal the judgment of a circuit court which declares that "further restrictions, administrative or legislative, on the use of ... [certain fishing] nets would be in violation of the Florida Constitution, Article X, section 16(b)." We reverse.

We hold that the circuit court erred in reaching the merits of the claims Raymond S. Pringle, Jr. and Ronald Fred...

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