I N THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, I N AND FOR LEE

COUNTY, FLORIDA CI VI L ACTION

RAYMOND A. DELLASELVA, et al., CASE NO. 03-1947 CA WCM
Plaintiffs,
vs.
FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER
SERVICES, et al..
Defendants.
/
O R D E R GR ANT I NG P L A I N T I F F S '
MO T I O N F O R P R E J U D GE ME N T I N T E R E S T
THIS CAUSE came before the Court on August 18, 2014, on Plaintiffs' Motion for
Prejudgment Interest, as corrected by Plaintiffs' Supplement to Motion for Prejudgment Interest.
Having reviewed Plaintiffs' motion and supplement. Defendants' response, other relevant portions of
the record, and having heard argument of counsel, this Court ORDERS and ADJUDGES as
follows:
I . On July 3, 2014, the jury returned a verdict awarding Plaintiffs and the Class full
compensation in the amount of $285.25 per-tree for each of the 33,957 trees covered by this case.
Based on the per-tree amount ($285.25) and the total number of trees (33,957), the full amount of
compensation recovered is $9,686,234.25. The verdict also determined that the Defendants are
entitled to certain set-offs, representing the (i) total amount of $55 statutory tree payments issued to
and used by Plaintiffs and Class members ($1,001,000.00), and (ii) the total amount used by those
Plaintiffs and Class members who applied for and received Shade Florida (Wal-Mart) Cards
($724,087.00). The total amount of these set-offs is $ 1,725,087.00. After deducting these set-offs,
Case No. 02-13717 AJ
the principal amount of compensation recovered by Plaintiffs and the Class is $7,961,147.25, before
prejudgment interest.
2. Property owners in inverse condemnation proceedings are entitled to prejudgment
interest from the date their property is taken or surrendered. See Article X, section 6 (a), Florida
Constitution; section 74.061, Florida Statutes; Behm v. State Department of Transportation, 383 So.
2d 216, 218 (Fla. 1980); Stewart v. City of Key West, 429 So. 2d 784 (Fla. 3d DCA 1983); State
Road Department V. Bender, 147 Fla. 15,2 So. 2d 298 (Fla. 1941); County of Volusia v. Pickens,439
So. 2d 276, (Fla. 5th DCA 1983).
3. In Department of Agriculture v. Bogorff 35 So. 3d 84, 90 (Fla. 4th DCA 2010), the
Fourth District Court of Appeal affirmed the trial court's award of prejudgment interest in the related
Broward County citrus canker compensation litigation. The facts and methodology for calculating
prejudgment interest in this case are identical to those in Bogorff
4. Based on the foregoing, this Court GRANTS Plaintiffs' Motion for Prejudgment
Interest.
5. According to the spreadsheet attached as Exhibit 1 to Plaintiffs' supplement, the
amount of prejudgment interest due through July 3, 2014 is Five Million Six Hundred Sixteen
Thousand Four Hundred Forty Four and 00/100 Dollars ($5,616,444.00), with a per diem of One
Thousand Thirty-Six and 04/100 Dollars ($ 1,036.04). Defendants do not dispute the accuracy of the
calculations set forth in the spreadsheet attached as Exhibit 1 to Plaintiffs' supplement.
6. Defendants argue that the Court should not award prejudgment interest for the 273-
day period from September 2013, the previously scheduled date of the compensation trial, until June
2014, when the compensation trial actually began, claiming that Plaintiffs sought a continuance of
2
Case No. 02-13717 AJ
the compensation trial to await the Fourth District's decision in the related Palm Beach County case.
However, the Order postponing the compensation trial scheduled for September 2013 confirms that
the Court decided to postpone the compensation trial because both sides acknowledged that the
issues that were pending decision by the Fourth District were identical to issues this Court would
confront during the compensation trial in this case. Indeed, this Court ultimately applied the Fourth
District's decision in resolving the parties' final pretrial motions, and in resolving numerous issues
during the compensation trial. Therefore, the Court rejects the Defendants' argument that
prejudgment interest should not be awarded for the 273-day period from September 2013 until June
prejudgment interest in the sum of Five Million Six Hundred Sixteen Thousand Four Hundred Forty
Four and 00/100 Dollars ($5,616,444.00) through July 3, 2014, with a per diem of One Thousand
Thirty-Six and 04/100 Dollars ($1,036.04) thereafter through the entry of final judgment. Based on
the date of entry of this Order, the per diem of $1,306.04 from July 4,2014 through August 18,2014
totals Forty Seven Thousand Six Hundred Fifty Seven and 84/100 Dollars ($47,657.84). These
amounts shall be incorporated into the final judgment to be entered in this action.
DONE and ORDERED in Chambers at Ft. Myers, Lee Coufi^9pam^?]2|i5f^^^ of
2014.
7. Based on the foregoing, the Court finds that Plaintiffs and the Class shall recover
18 -m
ned
August, 2014.
Honorable Keith R. Ky
Circuit Court Judge
Copies furnished to:
Robert C. Gilbert, Esq.
William S. Williams, Esq.
Wesley R. Parsons, Esq.