# Department of Agriculture & Consumer Services v. Polk

> Supreme Court of Florida · September 27, 1990 · 15 Fla. L. Weekly Supp. 511

URL: https://www.frixlaw.com/law-library/cases/7586202

## Case

- **Full name:** DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Appellants/Cross-Appellees v. Richard O. POLK, etc., Appellee/Cross-Appellant
- **Court:** Supreme Court of Florida
- **Decided:** September 27, 1990
- **Citations:** 15 Fla. L. Weekly Supp. 511; 568 So. 2d 35; 1990 Fla. LEXIS 1194; 1990 WL 141446
- **Precedential status:** Published
- **Opinion:** Dissent by Kogan
- **Judges:** Barkett, Ehrlich, Grimes, Kogan, McDonald, Overton, Shaw
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7586202

## How later opinions describe it (automated extraction)

- affirming an award of damages for the *1143 “prospective net revenue” the immature citrus trees would have produced if allowed to reach maturity

## Opinion text

KOGAN, Justice,
concurring in part, dissenting in part.
I am in basic agreement with the majority opinion. However, I would remand this case to the trial court for a new jury trial to determine the amount of damages because I agree with the reasoning set forth in the opinion of Justice Ehrlich in Department of Agriculture & Consumer Services v. Bonanno, No. 74,373, 568 So.2d 24 (Fla. Sept. 27, 1990) (Ehrlich, J., concurring in part, dissenting in part).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7586202. Public record. Not legal advice.