District Court of Appeal of Florida March 9, 1995, No. 93-4042 (Evers v. Department of Agriculture & Consumer Services, Division of Forestry)

MICKLE, Judge.

This is an appeal from a partial summary judgment and final judgment entered in favor of appellee in an action for declaratory judgment. Concluding that summary judgment was entered prematurely in this cause, we reverse and remand.

In February 1992, appellee filed an action in circuit court requesting a declaratory judgment.