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STATE, DEPARTMET OF HELATH AND REHABILITATIVE SERVICES v. DAVIS

No. LL-60.

381 So.2d 1094 (1979)

STATE of Florida DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. Richard B. DAVIS, Jr., and Cecil H. Davis, His Wife, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied November 28, 1979.

Attorney(s) appearing for the Case

James G. Mahorner and Chester G. Senf, Jr., Tallahassee, for appellant.

Richard B. Davis, Jr., Jasper, for appellees.

PER CURIAM.

Appellees purchased property against which there was a recorded lien and then brought suit to quiet title and discharge the lien. The trial court granted a summary judgment for appellees, and the state brought this appeal. We reverse.

In 1966 James Wright applied for old age assistance benefits and gave the Department of Public Welfare, the Department of Health and Rehabilitative Services' predecessor, a lien on non-homestead property. The affidavit...

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