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FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. MENDEZ

No. 4D11-3271.

126 So.3d 367 (2013)

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES and The Florida Commissioner of Agriculture, Appellants, v. David MENDEZ and Lillian Mendez, on behalf of themselves and all others similarly situated, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 11, 2013.

Attorney(s) appearing for the Case

Wesley R. Parsons and Karen H. Curtis , of Clarke Silverglate, P.A., Miami, for appellants.

William S. Williams and Margaret M. Bichler of Lytal Reiter, LLP, West Palm Beach, Robert C. Gilbert of Grossman Roth, P.A., Coral Gables, Jamie Alan Cole of Weiss Serota Helfman Pastoriza Cole & Boniske, P.A., Fort Lauderdale , and Michael J. Pucillo of Berman DeValerio, for appellees.

WARNER, J.

The Department of Agriculture appeals a multimillion dollar judgment in a class action for inverse condemnation. The class action sought compensation as a result of the Department's destruction of thousands of citrus trees in Palm Beach County during the Department's Citrus Canker Eradication Program (CCEP). The Department raises multiple issues dealing both with the court's order establishing a taking, as well...

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