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FLA. DEPT. OF AGR. AND CONSUMER SERVICES v. CITY OF POMPANO BEACH

No. 4D02-672.

829 So.2d 928 (2002)

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Appellant, v. CITY OF POMPANO BEACH, et al., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 15, 2002.

Attorney(s) appearing for the Case

Jack R. Reiter, Wesley R. Parsons and Raoul G. Cantero, III of Adorno & Yoss, P.A., Miami, and Jerold I. Budney of Greenberg Traurig, P.A., Fort Lauderdale, for appellants.

Robert C. Gilbert and Sandy P. Fay, of Robert C. Gilbert, P.A., Coral Gables, Jamie Alan Cole of Weiss Serota Helfman Pastoriza & Guedes, P.A., Fort Lauderdale, William S. Williams of Lytal, Reiter, Clark, Fountain & Williams, West Palm Beach, Ellis Rubin and Robert I. Barrar of Law Offices of Ellis Rubin, Miami, and Michael J. Pucillo of Berman, Devalerio, Pease, Tabacco, Burt & Pucillo, L.L.P., West Palm Beach, for appellees.

MAY, J.

To certify or not to certify the class— that was the question. The trial court heard the evidence, reviewed the law, and certified the class. We affirm the certification, but reverse on the trial court's inclusion of the Miami-Dade County owners in the class.

Specifically, the trial court certified the following class:

All owners of citrus trees within Broward County, incorporated or otherwise, and Miami-Dade County, incorporated or...

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