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District Court of Appeal of Florida


Florida Dep't of Agric. v. In Re: Citrus Canker Investigation, 3d06-1099

Petition for writ of certiorari by the Florida Department of Agriculture and others seeking to quash the trial court's order denying their motion to delete a class and require a certification hearing in a case involving the destruction of citrus trees is granted and the order quashed where the Broward Circuit Court's class certification of Miami-Dade tree owners should have been revisited by the Miami-Dade Circuit Court for an independent certification determination based on the claims asserted by the Miami-Dade owners in their pleadings filed in the Miami-Dade Circuit Court, and pursuant to Florida Rule of Civil Procedure 1.220.

Appellate Information

  • Decided 10/25/2006
  • Published 10/25/2006

Judges

  • CORTIÑAS, Judge., Before WELLS, CORTIÑAS, and LAGOA, JJ.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Adorno & Yoss and Jack R. Reiter and Wesley R. Parsons, Miami, for petitioners.

  • For Appellees:
  • Robert C. Gilbert;  Weiss Serota Helfman Pastoriza Cole & Boniske and Joseph H. Serota, Miami, and Jamie Alan Cole, Ft. Lauderdale, for respondent.
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