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FLA. DEPT. OF NATURAL RESOURCES v. GARCIA

No. SC93065.

753 So.2d 72 (2000)

FLORIDA DEPARTMENT OF NATURAL RESOURCES, etc., Petitioner, v. Juan A. GARCIA, Jr., et al., Respondents.

Supreme Court of Florida.

February 10, 2000.

Attorney(s) appearing for the Case

Bruce G. Hermelee and Sarah Helene Sharp of Hermelee & Sharp, Miami, Florida, for Petitioner.

Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, Florida; and A. Francisco Areces of Needle, Gallagher, Areces & Ellenberg, P.A., Miami, Florida, for Respondents.

Louis F. Hubener, and Amelia L. Beisner, Assistant Attorneys General, Tallahassee, Florida, for Robert A. Butterworth, Attorney General, Amicus Curiae.

PARIENTE, J.

We accepted jurisdiction to review Garcia v. State Department of Natural Resources, 707 So.2d 1158 (Fla. 3d DCA 1998), based on express and direct conflict with Warren v. Palm Beach County, 528 So.2d 413 (Fla. 4th DCA 1988). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

Respondent, Juan Garcia, Jr., was seriously injured on February 1,...

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