STATE v. SUN GARDENS CITRUS, LLP

No. 2D00-3149.

780 So.2d 922 (2001)

STATE of Florida, Department of Agriculture, Appellant, v. SUN GARDENS CITRUS, LLP; Zipperer Farms II, a Florida general partnership; Zipperer Farms of Florida, Inc., a Florida corporation; and John O. Zipperer, Jr., an individual, Appellees.

District Court of Appeal of Florida, Second District.

January 31, 2001.


Attorney(s) appearing for the Case

Raoul G. Cantero, III, and Jack R. Reiter of Adorno & Zeder, P.A., for Appellant.

Gordon H. Harris and Bruce M. Harris of Gray, Harris & Robinson, P.A., Orlando, for Appellee Sun Gardens Citrus, LLP.

Jodi L. Corrigan and Robert L. Rocke of Annis, Mitchell, Cockey, Edwards & Roehn, P.A., Tampa, for Appellees Zipperer Farms II, Zipperer Farms of Florida, Inc., and John O. Zipperer, Jr.


PARKER, Acting Chief Judge.

The State Department of Agriculture (the Department) appeals the trial court's entry of a temporary injunction prohibiting it from acting on an Immediate Final Order (IFO) to destroy citrus trees infected with citrus canker and requiring the Department to treat Sun Gardens Citrus, LLP (Sun Gardens), a lessee under an unrecorded lease agreement, as a "property owner" for purposes of the notice provisions concerning the destruction of trees...

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