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STATE v. DAY CRUISE ASS'N, INC.

No. 1D00-1058.

798 So.2d 847 (2001)

STATE of Florida, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, Appellant, v. DAY CRUISE ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, First District.

November 2, 2001.

Attorney(s) appearing for the Case

Teri L. Donaldson, General Counsel; John W. Costigan, Deputy General Counsel, Maureen M. Malvern, Assistant General Counsel, and Andrew J. Baumann, Assistant General Counsel, Department of Environmental Protection, Tallahassee, for Appellant.

Stephen H. Grimes and Susan L. Kelsey, Holland & Knight, LLP, Tallahassee, for Appellee.

On Motion for Clarification, Rehearing, Certification, or Rehearing En Banc

BENTON, J.

The Trustees contend that our decision conflicts with Southwest Florida Water Management District v. Save the Manatee Club, Inc., 773 So.2d 594 (Fla. 1st DCA 2000) and Mariner Properties Development, Inc. v. Board of Trustees of the Internal Improvement Trust Fund, 743 So.2d 1121

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