ZUCKERMAN V. DEPT. OF AGRICULTURE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 CLAIRE ZUCKERMAN, ** Appellant, ** ** vs. FLORIDA DEPARTMENT OF AGRICULTURE, etc., CASE NO. 3D00-2838 LOWER TRIBUNAL NO. 13304025043 ** ** Appellee. ** Opinion filed September 26, 2001. An Appeal from Consumer Services. the Florida Department of Agriculture and Claire Zuckerman, in proper person. Adorno & Zeder and Jack R. Reiter, for appellee. Before JORGENSON, COPE, and SORONDO, JJ. PER CURIAM. Claire Zuckerman appeals an Immediate Final Order from the Department of Agriculture informing her that her citrus trees might be destroyed if they were infected with citrus canker or were located within 1900 feet of a canker-infested tree. We affirm based upon Markus v. Fla. Dep't. of Agriculture & Consumer Svcs., 785 So. 2d 595 (Fla. 3d DCA 2001). This affirmance is without prejudice to bring an action for inverse condemnation, or to seek such other relief as is appropriate. Markus, 785 So. 2d at 596. AFFIRMED. -2-

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