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FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. COX

No. 4D09-979.

54 So.3d 1026 (2011)

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Appellant, v. Kathryn COX, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

January 26, 2011.

Attorney(s) appearing for the Case

Wesley R. Parsons , Jack R. Reiter and Veronica Tejada Lacayo of Yoss, LLP, Miami, for appellant.

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

WARNER, J.

In an inverse condemnation action, the Department of Agriculture appeals the trial court's order denying its request for costs as the prevailing party pursuant to section 57.041, Florida Statutes. This action involves the Department's destruction of backyard citrus trees of homeowners in Broward County in the Department's futile attempt to eradicate citrus canker in this state.1 Even though the Department was defeated in its...

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