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DEPARTMENT OF HEALTH v. TROPIFLORA

No. 1D17-2796.

265 So.3d 673 (2019)

FLORIDA DEPARTMENT OF HEALTH, Petitioner, v. TROPIFLORA, LLC, as Agent for Marij Agricultural, Inc. and Dennis and Linda Cathcart, d/b/a Tropiflora Nursery, Respondents.

District Court of Appeal of Florida, First District.

Rehearing Denied March 18, 2019.

Attorney(s) appearing for the Case

W. Robert Vezina, III , Eduardo S. Lombard , and Megan S. Reynolds of Vezina, Lawrence & Piscitelli, P.A., Tallahassee, for Petitioner.

Steven R. Andrews , Brian O. Finnerty , and Ryan J. Andrews of the Law Offices of Steven R. Andrews, P.A., Tallahassee, for Respondents.

The Florida Department of Health ("the Department") petitions this Court for a writ of prohibition to bar further proceedings in the trial court because TropiFlora failed to exhaust administrative remedies. For the reasons that follow, the petition is denied.

I.

TropiFlora filed an application with the Department to be the...

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