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OSCEOLA COUNTY v. BEST DIVERSIFIED, INC.

Nos. 5D02-190, 5D02-270.

830 So.2d 139 (2002)

OSCEOLA COUNTY, Florida, and Department of Environmental Protection, Appellants, v. BEST DIVERSIFIED, INC., a Florida Corporation, and Peter L. Huff, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 12, 2002.

Attorney(s) appearing for the Case

Jo O. Thacker, Osceola County Attorney, Kissimmee, Scott J. Johnson of Holland & Knight, LLP, Orlando, and Steven L. Brannock and David C. Borucke of Holland & Knight, LLP, Tampa, for Appellant Osceola County, Florida.

L. Kathryn Funchess, Assistant General Counsel, Tallahassee, for Appellant Department of Environmental Protection.

Gordon H. Harris, Tracy A. Marshall and Mickey R.E. Ware of Gray, Harris & Robinson, P.A., Orlando, for Appellees.

SAWAYA, J.

Osceola County ("County") and the Department of Environmental Protection ("DEP") attempted to appeal the non-final order finding County and DEP liable to Peter L. Huff and Best Diversified, Inc. (hereinafter referred to collectively as "Best"). We find that this court lacks jurisdiction and accordingly dismiss the appeal.

This action originally arose out of County's denial of Best's zoning application to use its property as a landfill and DEP's...

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