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STATE, DEPARTMENT OF ENVIRONMENTAL PROTECTION v. DIETERLE

No. 3D00-3529.

786 So.2d 1244 (2001)

STATE of Florida, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant, v. Robert F. DIETERLE and Maxine Dieterle, his wife, Appellees.

District Court of Appeal of Florida, Third District.

June 13, 2001.

Attorney(s) appearing for the Case

Neblett & Sauer and John Moore, Key West, for appellant.

Charles M. Milligan, Key West, for appellees.

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

COPE, J.

The Florida Department of Environmental Protection appeals a cost judgment against it. We reverse that part of the judgment which awards prejudgment interest.

I.

Robert and Maxine Dieterle obtained a tort judgment against the Department in May, 2000. Plaintiffs-appellees then moved for a cost award.

The trial court entered an interlocutory order awarding costs to the plaintiffs on September 15, 2000. The Department moved for reconsideration...

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