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DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. MIAMI-DADE COUNTY

Nos. 3D01-1151, 3D01-1098, 3D01-1208.

790 So.2d 555 (2001)

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES; and Terry L. Rhodes, Commissioner of Agriculture and Consumer Services, Appellants, v. MIAMI-DADE COUNTY, a political subdivision of the State of Florida and the City of North Miami, a Florida municipal corporation, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 20, 2001.

Attorney(s) appearing for the Case

Adorno & Zeder, P.A., and Wesley R. Parsons, and Raoul G. Cantero, III, and Jack R. Reiter, Miami, for appellant.

Robert A. Ginsburg, Miami-Dade County Attorney and Robert A. Duvall, Assistant County Attorney; John C. Dellagloria, City Attorney; Nagin Gallop Figueredo, P.A., and Earl G. Gallop, and Eve A. Boutsis, Miami, for appellees.

Before SCHWARTZ, C.J., and COPE, and GREEN, JJ.

GREEN, J.

The Department of Agriculture and Consumer Services ("Department") appeals from two orders temporarily enjoining it from continuing its citrus canker eradication program ("CCEP"). The appellees have cross-appealed the trial court's determination that the Department has probable cause for the issuance of future search warrants to implement its program. We conclude that the appellees lack standing to pursue this action and, accordingly, reverse the two temporary...

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