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FLORIDA DEPT. OF AGR. v. COX

No. 4D04-4952.

947 So.2d 561 (2006)

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, v. Kathryn COX, Toby Bogorff, Robert Bogorff, Beth Garcia, Roald Garcia, Robert Pearce, Barbara Pearce, Timothy Donald Farley and Patricia Woody, Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 27, 2007.

Attorney(s) appearing for the Case

Wesley R. Parsons and Jack R. Reiter of Adorno & Yoss, P.A., Miami, and Jerold I. Budney of Greenberg Traurig, P.A., Fort Lauderdale, for petitioner.

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

TAYLOR, J.

This class action was brought by property owners to recover compensation from the Florida Department of Agriculture and Consumer Services because of its destruction of canker-exposed citrus trees under the Citrus Canker Eradication Program. The Department challenges a trial court order requiring it to pay the costs of providing notice to members of the certified class.

In Florida Department of Agriculture v. Pompano Beach,

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