Florida Department of Agriculture & Consumer Services v. Lopez-Brignoni

INTRODUCTION

While I agree with the bulk of the majority’s opinion, I respectfully disagree with its analysis in section II.B approving the damages methodology advanced by the homeowners. The majority correctly notes that the determination regarding the proper measure of damages is dictated by the facts and circumstances of each case, *1144Dep’t of Agric. & Consumer Servs. v. Bogorff, 35 So.3d 84, 91 (Fla. 4th DCA 2010); the “replacement cost” methodology has been approved as a measure of damages in cases where trees are removed from real property, id.; Fla. Dep’t of Agric. & Consumer Servs. v.…