Department of Agriculture and Consumer Services v. Mid-Florida Growers, Inc., MID-FLORIDA

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM
Citation532 So.2d 1294,13 Fla. L. Weekly 2377
Parties13 Fla. L. Weekly 2377 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, an agency of the State of Florida, Appellant, v.GROWERS, INC., and Himrod & Himrod Citrus Nursery, Appellees.
Decision Date21 October 1988
Docket NumberNo. 88-1369,MID-FLORIDA

Page 1294

532 So.2d 1294
13 Fla. L. Weekly 2377
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, an agency of the State of Florida, Appellant,
v.
MID-FLORIDA GROWERS, INC., and Himrod & Himrod Citrus Nursery, Appellees.
No. 88-1369.
District Court of Appeal of Florida,
Second District.
Oct. 21, 1988.

Harry L. Michaels, David G. Tucker and Mallory E. Horne, Florida Dept. of Agriculture and Consumer Services, Tallahassee, Robert A. Butterworth, Atty. Gen., Louis F. Hubener and Beverly McLear, Asst. Attys. Gen., Tallahassee, for appellant.

M. Stephen Turner and David K. Miller of Broad and Cassel, Tallahassee, for appellees.

ON MOTION TO REVIEW STAY ORDER

PER CURIAM.

Appellant, the Department of Agriculture and Consumer Services, seeks review of an order of the circuit court which imposes conditions upon its ability to obtain a stay of a judgment presently under appeal. For the reasons which follow, we affirm that portion of the trial court's order which requires immediate payment of part of the judgment to appellees, but quash that portion requiring the posting of the remainder of the judgment as an additional supersedeas bond.

The appellees are citrus growers whose nursery stock was destroyed by the Department in 1984 in an effort to prevent the spread of citrus canker. When it appeared that no compensation for their losses would be forthcoming, appellees brought suit for inverse condemnation. In 1986 the circuit court found the Department partially liable, and that order of liability was affirmed on appeal. State of Florida, Department of Agriculture and Consumer Services v. Mid-Florida Growers, Inc., 505 So.2d 592 (Fla. 2d DCA 1987), aff'd, 521 So.2d 101 (Fla.1988), cert. denied (1988), 488 U.S. 870, 109 S.Ct. 180, 102 L.Ed.2d 149. Following this decision a second trial was held

Page 1295

on the amount of damages. The jury awarded the sum of $966,177.95 to Mid-Florida and $977,281.00 to Himrod (as adjusted by the trial court to reflect interest accrued and financial assistance payments previously made). The Department has appealed that final judgment.

In conjunction with its appeal the Department sought a stay pursuant to rule 9.310(b)(2), Florida Rules of Appellate Procedure. Instead the trial court required the Department to make partial payment to appellees immediately ($377,337.28 to Mid-Florida and $170,177.48 to Himrod, plus interest) and to deposit the remainder into the registry of the circuit court to serve as a surety bond.

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1 practice notes
  • Conner v. Mid-Florida Growers, Inc., MID-FLORIDA
    • United States
    • Court of Appeal of Florida (US)
    • March 31, 1989
    ...department's decision to appeal the amount of the judgment. Department of Agriculture and Consumer Services v. Mid-Florida Growers, Inc., 532 So.2d 1294 (Fla. 2d DCA 1988). On December 8, 1988, Mid-Florida and Himrod filed in circuit court a petition for writ of mandamus, naming as responde......
1 cases
  • Conner v. Mid-Florida Growers, Inc., MID-FLORIDA
    • United States
    • Court of Appeal of Florida (US)
    • March 31, 1989
    ...department's decision to appeal the amount of the judgment. Department of Agriculture and Consumer Services v. Mid-Florida Growers, Inc., 532 So.2d 1294 (Fla. 2d DCA 1988). On December 8, 1988, Mid-Florida and Himrod filed in circuit court a petition for writ of mandamus, naming as responde......

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