Garcia v. Department of Agriculture & Consumer Services

District Court of Appeal of Florida

Garcia v. Department of Agriculture & Consumer Services

858 So. 2d 1105, 2003 Fla. App. LEXIS 15855, 2003 WL 22415176

CourtDistrict Court of Appeal of Florida

DecidedOctober 24, 2003

DocketNo. 5D03-813

StatusPublished

This text of 858 So. 2d 1105 (Garcia v. Department of Agriculture & Consumer Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Garcia v. Department of Agriculture & Consumer Services, 858 So. 2d 1105, 2003 Fla. App. LEXIS 15855, 2003 WL 22415176 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

Felixberto C. Garcia appeals a final order issued by the Florida Department of Agriculture and Consumer Services, advising him that his citrus trees would be destroyed because the trees were either infected with citrus canker or were located within 1,900 feet of a canker-infested tree. We affirm the Department’s order on the authority of Florida Department of Agriculture and Consumer Services v. Haire, 836 So.2d 1040 (Fla. 4th DCA), review granted, 842 So.2d 844 (Fla.2003). See also Kirchgessner v. Fla. Dep’t of Agric. & Consumer Servs., 849 So.2d 410 (Fla. 5th DCA 2003). This affirmance is without prejudice to seek just compensation for the destruction of the trees having value, or such other relief as may be appropriate. The stay entered by the court is lifted.

AFFIRMED.

PETERSON, PLEUS and ORFINGER, JJ., concur.

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PER CURIAM.

Felixberto C. Garcia appeals a final order issued by the Florida Department of Agriculture and Consumer Services, advising him that his citrus trees would be destroyed because the trees were either infected with citrus canker or were located within 1,900 feet of a canker-infested tree. We affirm the Department’s order on the authority of Florida Department of Agriculture and Consumer Services v. Haire, 836 So.2d 1040 (Fla. 4th DCA), review granted, 842 So.2d 844 (Fla.2003). See also Kirchgessner v. Fla. Dep’t of Agric. & Consumer Servs., 849 So.2d 410 (Fla. 5th DCA 2003). This affirmance is without prejudice to seek just compensation for the destruction of the trees having value, or such other relief as may be appropriate. The stay entered by the court is lifted.

AFFIRMED.

PETERSON, PLEUS and ORFINGER, JJ., concur.

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858 So. 2d 1105, 2003 Fla. App. LEXIS 15855, 2003 WL 22415176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-department-of-agriculture-consumer-services-fladistctapp-2003.

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