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DEPARTMENT v. GARCIA

No. 3D10-1625.

99 So.3d 539 (2011)

STATE of Florida DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant, v. Juan A. GARCIA, Jr., Juan A. Garcia and Barbara Garcia, as natural parents of Juan Garcia, Jr., Juan A. Garcia, individually, and Barbara Garcia, individually, Appellees.

District Court of Appeal of Florida, Third District.

August 3, 2011.

Attorney(s) appearing for the Case

Hermelee & Geffin and Christopher Perez-Gurri , Ft.Lauderdale, for appellant.

Areces Rodriguez ; Podhurst Orseck and Joel D. Eaton , Miami, for appellees.

Before SUAREZ, LAGOA, and EMAS, JJ.

LAGOA, J.

The State of Florida Department of Environmental Protection (the "Department") appeals from a declaratory judgment entered in favor of Juan Garcia, Jr., and his parents (collectively, the "Garcias"). Because we find that the trial court improperly exercised its declaratory judgment jurisdiction, we reverse.

I. FACTUAL HISTORY

A. Negligence Action Against the Department

On February 1, 1989, Juan Garcia, Jr. was rendered...

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