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DEPT. OF AGR. & CONSUMER SERVS. v. BOGORFF

No. 4D08-4474.

35 So.3d 84 (2010)

DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES, State of Florida, Appellant, v. Toby BOGORFF, Robert Bogorff, Timothy Farley, Beth Garcia, Roald Garcia, Robert Pearce, and Barbara Pearce, as representatives of the certified class, Appellees.

District Court of Appeal of Florida, Fourth District.

May 12, 2010.

Attorney(s) appearing for the Case

Wesley R. Parsons and Jack R. Reiter of Adorno & Yoss, LLP, Miami, for appellants.

Bruce S. Rogow and Robert C. Gilbert of Alters Boldt Brown Rash & Culmo, P.A., Miami, Julie H. Littky-Rubin of Lytal Reiter Clark Fountain & Williams, LLP, West Palm Beach, Jamie Alan Cole of Weiss Serota Helfman Pasoriza Cole & Boniske, P.A., Fort Lauderdale, and Michael J. Pucillo of Berman Devalerio, LLP, Palm Beach Gardens, for appellees.

Steven Geoffrey Gieseler, Stuart, for Pacific Legal Foundation, Amicus Curiae.

FARMER, J.

The Florida Department of Agriculture and Consumer Services (DACS) appeals a final judgment in favor of a class of more than 50,000 owners of healthy citrus trees in Broward County cut down and destroyed by DACS as part of its citrus canker eradication program (CCEP).1 The trial judge found that over 100,000 non-commercial trees in the County not affected with citrus canker had been...

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