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DEPARTMENT OF ENVIRONMENTAL v. LANDMARK ENTERPRISES, INC.

No. 2D08-3039.

3 So.3d 434 (2009)

DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant, v. LANDMARK ENTERPRISES, INC., n/k/a Landmark Utilities, Inc., and David S. Plank, individually, d/b/a Thunderbird Hills Wastewater Treatment Plant; and Highlands County, a political subdivision of the State of Florida, Appellees.

District Court of Appeal of Florida, Second District.

February 25, 2009.

Attorney(s) appearing for the Case

Teresa L. Mussetto, Chief Appellate Counsel, and Kirk S. White, Senior Assistant General Counsel, Tallahassee, for Appellant.

Bert J. Harris, III, of Swaine & Harris, P.A., Lake Placid, for Appellees Landmark Enterprises, Inc. and David S. Plank.

J. Ross Macbeth, Sebring, for Highlands County.

CASANUEVA, Judge.

Over strenuous objection from the appellant, the Department of Environmental Protection (DEP), the circuit court appointed it receiver and operator of a failing wastewater treatment plant in Highlands County. The DEP appeals this nonfinal order pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(D), raising several issues. We review the circuit court's order granting the petition to appoint the DEP...

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