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BREVARD COUNTY v. STACK

No. 5D05-2935.

932 So.2d 1258 (2006)

BREVARD COUNTY, Florida, Appellant, v. Charles R. STACK, Trustee etc., Appellee.

District Court of Appeal of Florida, Fifth District.

July 14, 2006.

Attorney(s) appearing for the Case

Scott L. Knox, County Attorney, of the Office of County Attorney, Viera, for Appellant.

Lauri Waldman Ross, of Lauri Waldman Ross, P.A., Miami, and Phillip A. Hubbart of Wetherington, Klein & Hubbart, Miami, for Appellee.

Steven Geoffrey Gieseler and Valerie A. Fernandez of Pacific Legal Foundation, Coral Gables, Amicus Curiae.

SHARP, W., Senior Judge.

Brevard County (the County) appeals a non-final order,1 which granted partial summary judgment in favor of the appellees,2 after they brought suit against the County under the Bert J. Harris, Jr. Act (the Act), section 70.001, Florida Statutes (2004). The order determined the issue of liability in favor of appellees, and reserved the issue of damages for a subsequent trial. In this...

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