SCOTT v. GALAXY FIREWORKS, INC.

No. 2D11-1583.

111 So.3d 898 (2012)

Honorable Rick SCOTT, Governor Of The State Of Florida and The State Of Florida, Appellants, v. GALAXY FIREWORKS, INC. and Itzhak Dickstein, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 2, 2013.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Scott D. Makar , Solicitor General, Louis F. Hubener , Chief Deputy Solicitor General, and Courtney Brewer , Deputy Solicitor General, Tallahassee, for Appellants.

Kristin A. Norse , Stuart C. Markman , and Robert W. Ritsch of Kynes, Markman & Felman, P.A., Tampa; Steven G. Wenzel and Matthew Fenton of Wenzel, Fenton & Cabassa, P.A., Tampa; and Gregory S. Rix , Tampa, for Appellees.


DAVIS, Judge.

The State of Florida appeals the final judgment entered in favor of Galaxy Fireworks and Itzhak Dickstein (Appellees) by which they were awarded $1 million in damages plus prejudgment interest in an inverse condemnation case. We reverse.

Appellees are major retailers of fireworks in the State of Florida. They filed their inverse condemnation action in response to Executive Order 98-165, which was entered in 1998 by then Governor Lawton Chiles...

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