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DEPARTMENT OF AGRICULTURE v. SHULER LTD.

No. 1D13-0592.

139 So.3d 914 (2014)

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Division of Forestry, State of Florida, and the Board of Trustees of the Internal Improvement Trust Fund, State of Florida, Appellants, v. SHULER LIMITED PARTNERSHIP, a Florida Partnership, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 13, 2014.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Diane G. DeWolf , Deputy Solicitor General, Britt Thomas , Chief Assistant Attorney General, and Joey Dingess , Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellants.

D. Kent Safriet and Miguel "Mike" Collazo, III , of Hopping, Green & Sams, P.A., Tallahassee, for Appellee.

PER CURIAM.

This is an appeal from a judgment based on a jury verdict. The Division of Forestry conducted a controlled burn of state property in Franklin County but before the fire was completely extinguished an ember from the smoldering fire drifted onto the appellee's property destroying 835 acres of trees. The jury based its verdict for the appellees on negligence, negligence per se, gross negligence and a violation of section 590.13, Florida Statutes.

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