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DEPT. OF HLT. & REHABILITATIVE SERV. v. FLA PSYCHIATRIC SOCIETY, INC.

No. NN-238.

382 So.2d 1280 (1980)

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. The FLORIDA PSYCHIATRIC SOCIETY, INC., and John L. Mason, M.D., Appellees.

District Court of Appeal of Florida, First District.

April 16, 1980.

Attorney(s) appearing for the Case

James G. Mahorner, Tallahassee, for appellant.

Kenneth F. Hoffman, of Rogers, Towers, Bailey, Jones & Gay, Tallahassee, for appellees.

LARRY G. SMITH, Judge.

The Department of Health and Rehabilitative Services appeals a final order entered in a rule challenge proceeding1 filed by appellee, Florida Psychiatric Services, Inc., and Dr. John L. Mason, M.D., which found the Department's proposed rules 10D-732 and 10E-4.12(a)(b)(4)3 invalid for lack of legislative authority. The issue presented on appeal is whether...

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