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DEPT. OF ENVIRONMENTAL PROTECTION v. GREEN

No. 4D06-1991.

951 So.2d 918 (2007)

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant, v. William J. GREEN, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 11, 2007.

Attorney(s) appearing for the Case

Carri S. Leininger of Williams, Leininger & Cosby, P.A., West Palm Beach, for appellant.

Virginia P. Sherlock and Howard K. Heims of Littman, Sherlock & Heims, P.A., Stuart, for appellee.

SHAHOOD, J.

This is an appeal by the Florida Department of Environmental Protection (FDEP) from a Final Judgment in favor of William Green following a trial by jury. We hold the trial court erred in denying FDEP's motion for summary judgment and reverse and remand with directions to enter final judgment in favor of FDEP.

William Green filed a complaint for malicious prosecution against FDEP, James Dyal and Mark Nelson...

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