BOGORFF v. DEPARTMENT

No. 4D14-4814.

191 So.3d 512 (2016)

Toby BOGORFF, Robert Bogorff, Beth Garcia, Ronald Garcia, Robert Pearce, Barbara Pearce and Timothy Donald Farley, on Behalf of Themselves and The Certified Class, and Class Counsel Robert C. Gilbert, P.A./Grossman Roth, P.A., Weiss Serota Helfman Cole Bierman & Popok, P.L., Lytal, Reiter, Smith, Ivey & Fronrath, and Berman Devalerio, LLP, Appellants, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES and The Florida Commissioner of Agriculture, Appellees.

District Court of Appeal of Florida, Fourth District.

May 4, 2016.


Attorney(s) appearing for the Case

Bruce S. Rogow and Tara Campion of Bruce S. Rogow, P.A., Fort Lauderdale, Robert C. Gilbert and Neal A. Roth of Grossman Roth, P.A., Coral Gables, William S. Williams of Lytal, Reiter, Smith, Ivey & Fronrath, L.L.P., West Palm Beach, Joseph H. Serota and Jamie Alan Cole of Weiss Serota Helfman Cole Bierman & Popok, P.L., Fort Lauderdale, and Michael J. Pucillo of Berman DeValerio, LLP, Palm Beach Gardens, for appellants.

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

Pamela Jo Bondi , Attorney General, Allen Winsor , Solicitor General, and Rachel Nordby , Deputy Solicitor General, Tallahassee, for Amicus Curiae, State of Florida.


In the latest chapter of "The Book of Citrus Canker" litigation, the class of Broward County homeowners whose healthy trees were destroyed in the Citrus Canker Eradication Program ("Class") appeal an order that denied its motion to declare sections 11.066(3) and (4), Florida Statutes, unconstitutional, and its motion for relief from those...

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