Department of Agiculture & Consumer Services v. Dellaselva

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, and CHARLES H. BRONSON, in his official capacity as Commissioner of the Department of Agriculture and Consumer Services, ) ) ) ) ) ) Appellants, ) ) v. ) ) RAYMOND A. DELLASELVA and MARY E. ) DELLASELVA, JOSEPH B. DOLLIVER and ) NANCY C.M. DOLLIVER, JOHN W. and ) DEANNA KLOCKOW, MARIANNE J. ) SANSON, and CHARLES K. STROH and ) LOIS A. STROH, on behalf of themselves and ) all others similarly situated, ) ) Appellees. ) __ ) Opinion filed May 10, 2006. Appeal from the Circuit Court for Lee County; William C. McIver, Judge. Wesley R. Parsons and Jack R. Reiter, Miami, for Appellants. Robert C. Gilbert, P.A., South Miami, for Appellees. Case No. 2D05-5177 PER CURIAM. The Department of Agriculture and Consumer Services challenges the trial court s certification of a class represented by Raymond A. Dellaselva and others. The plaintiffs below seek damages for trees destroyed pursuant to the citrus canker eradication program in Lee County. We find no error in the trial court s thorough analysis of the legal standards applicable to determining class certification. Accordingly, we affirm the trial court s order certifying a class. In doing so, we adopt the reasoning set forth in Department of Agriculture & Consumer Services v. City of Pompano Beach, 829 So. 2d 928 (Fla. 4th DCA 2002), review denied, 845 So. 2d 889 (Fla. 2003), and Castin v. Department of Agriculture & Consumer Services, 901 So. 2d 1020 (Fla. 4th DCA 2005). Affirmed. WALLACE and LaROSE, JJ., and THREADGILL, EDWARD F., SENIOR JUDGE, Concur. -2-

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