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FLORIDA DEPT. OF HEALTH, ETC. v. KIMMICK

No. WW-115.

390 So.2d 1218 (1980)

FLORIDA DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, Appellant, v. Linda Sue KIMMICK, Appellee.

District Court of Appeal of Florida, First District.

November 26, 1980.

Attorney(s) appearing for the Case

Steven W. Huss, Tallahassee, for appellant.

Virlyn B. Willis, Jr., Lake City, for appellee.

JOANOS, Judge.

Appellee, Kimmick, petitioned the Circuit Court in Columbia County to open her adoption records. She notified appellant, Department of Health and Rehabilitative Services (HRS), by filing a copy of the petition with counsel for the department. HRS responded to the petition by moving to dismiss the action for improper venue, arguing that as an affected party it could assert the state agency venue privilege recognized in Carlile v. Game & Fresh...

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