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Spencer v. Agency

District Court of Appeal of Florida, First District
Dec 10, 2009
23 So. 3d 233 (Fla. Dist. Ct. App. 2009)

Opinion

No. 1D09-2585.

December 10, 2009.

An appeal from an order of the Agency for Persons with Disabilities.

Nancy E. Wright of Three Rivers Legal Services, Inc., Gainesville, for Appellant.

John Beranek of Ausley McMullen, Tallahassee; John Newton, General Counsel, Agency for Persons with Disabilities, and Karl David Acuff, Senior Attorney, Tallahassee, for Appellee.


The order on appeal which denied appellant's request for a formal administrative hearing is quashed. The cause is remanded to the Agency for further proceedings consistent with Moreland v. Agency for Persons with Disabilities, 19 So.3d 1009 (Fla. 1st DCA 2009) and the order of the United States District Court in Washington v. DeBeaugrine, 658 F.Supp.2d 1332, 2009 WL 3151088 (N.D.Fla. 2009).

KAHN, LEWIS, and WETHERELL, JJ., concur.


Summaries of

Spencer v. Agency

District Court of Appeal of Florida, First District
Dec 10, 2009
23 So. 3d 233 (Fla. Dist. Ct. App. 2009)
Case details for

Spencer v. Agency

Case Details

Full title:Henry SPENCER, Jr., Appellant, v. AGENCY FOR PERSONS WITH DISABILITIES…

Court:District Court of Appeal of Florida, First District

Date published: Dec 10, 2009

Citations

23 So. 3d 233 (Fla. Dist. Ct. App. 2009)