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CURD v. MOSAIC FERTILIZER, LLC

No. 2D07-352.

993 So.2d 1078 (2008)

Howard CURD, Floyd Deforest, Scott Mobley, Gary Bruce, David Laggner, Bryan Ibasfalean, Philip Johnson, and Angelo Logrande, on behalf of themselves and all others similarly situated, Appellants, v. MOSAIC FERTILIZER, LLC, Appellee.

District Court of Appeal of Florida, Second District.

September 17, 2008.

Attorney(s) appearing for the Case

F. Wallace Pope, Jr., of Johnson, Pope, Bokor, Ruppel & Burns, LLP, Clearwater; and Andra T. Dreyfus of Andra Todd Dreyfus, P.A., Clearwater, for Appellants.

Kimberly S. Mello and David B. Weinstein of Greenberg Traurig, P.A., Tampa, for Appellee.

ALTENBERND, Judge.

Howard Curd and several other commercial fishermen (the fishermen) appeal an order dismissing their proposed class action lawsuit against Mosaic Fertilizer, LLC. The fishermen claim that Mosaic's phosphogypsum storage facility polluted the waters of Tampa Bay, reducing the available supply of fish, which in turn damaged their businesses and reduced their income. We agree with the trial court that the...

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