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SIMMONS v. DEPARTMENT OF ENVIRONMENTAL PRO.

No. 2D03-262.

849 So.2d 415 (2003)

Margie T. SIMMONS, Dorothy Kathryn Mormon, Glenda R. Mercer, William Frank Crute, and Shirley Bishop, Appellants, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellee.

District Court of Appeal of Florida, Second District.

July 9, 2003.

Attorney(s) appearing for the Case

J. Christy Wilson, III, of Wilson, Garber & Small, P.A., Orlando, for Appellants.

Charles J. Crist, Jr., Attorney General, and Robert I. Scanlan, Assistant Attorney General, Tallahassee, for Appellee.

STRINGER, Judge.

This is an eminent domain case wherein the appellants, Margie T. Simmons, Dorothy Kathryn Mormon, Glenda R. Mercer, William Frank Crute, and Shirley Bishop, the owners of parcel 42217000000, challenge the entry of an order of taking. The appellants argue that the trial court erred in entering the order of taking because the Department of Environmental Protection ("the Department") failed to comply with presuit negotiation requirements and failed to...

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