00-2838 ZUCKERMAN V. DEPT. OF AGRICULTURE

State: Florida

Court: Florida Third District Court

Docket No: 00-2838 ZUCKERMAN V. DEPT. OF AGRICULTURE

Case Date: 09/26/2001

Preview: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., Appellee.

** ** ** ** ** ** CASE NO. 3D00-2838 LOWER TRIBUNAL NO. 13304025043

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.

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