that is a rather big tree.. in a very small pot .. and the pot is filled with dirt rather than potting media .... put the pot in full shade for the rest of summer ... and in fall pot it properly.. for a tree ... presuming you just dug it up.. its stressed enough for right now ... see you in the tree forum for further info, now that you got the ID ken

It's a sleepy orange, Bob. They're very common here, though not as common as cloudless sulphurs - Sherry

Thanks. I've been in this place less than a year and I already feel like I'm running out of usable space. I took on a lot of work this year, and I really don't have any more place to dig in the front yard. The backyard within the fence belongs to kids and dogs. and the rest of the yard is either part of a hill or near a property line which prohibits large trees.

Well...I appreciate all your responses, and I'm going to assume it's a common garter snake...for my OWN peace of mind...LOL I believe he was so grumpy because of the flash from the camera...it probably scared the bejeezus out of'm. Plus...I'm wondering if it isn't the onset of hibernation time. I mean, afterall, he WAS way down under some pretty hard, clay covered by about 4" of mulch. He was probably sleeping...or getting his last full meal of night crawlers when I uncovered him. *I'm in SE PA, not Florida at the moment. He's gone now and I don't know where...hehehe...but I covered the hole back up with the mulch. BTW: When I let Picture it! automatically tweak the color and brightness levels, the colors of the snake were changed a bit. Here are two pics showing actual color...