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ESCAMBIA COUNTY v. STANBERRY

Nos. 1D02-4558, 1D02-4559.

864 So.2d 575 (2004)

ESCAMBIA COUNTY, Florida, Appellant/Cross-Appellee, v. Earnest STANBERRY, Jr., Appellee/Cross-Appellant.

District Court of Appeal of Florida, First District.

February 2, 2004.

Attorney(s) appearing for the Case

Charles V. Peppler, Escambia County Attorney's Office, Pensacola, for Appellant.

Lisa S. Minshew, Pensacola, for Appellee.

ON MOTION FOR CLARIFICATION

BARFIELD, J.

We withdraw our opinion filed on November 19, 2003, and substitute the following opinion. We reject the argument of the cross-appellant regarding the applicability of section 768.28, Florida Statutes, to the claims of nuisance and trespass. We find no reversible error except for the trial court's instruction to the jury regarding real property damages, which we find to have been an incorrect statement of the law which...

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