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MARION COUNTY HOSPITAL DIST. v. AKINS

No. AP-308.

435 So.2d 272 (1983)

MARION COUNTY HOSPITAL DISTRICT, Appellant, v. The Honorable Elwyn M. AKINS, Deputy Commissioner, and the Division of Workers' Compensation of the Department of Labor and Employment Security, Appellees.

District Court of Appeal of Florida, First District.

June 17, 1983.

Attorney(s) appearing for the Case

James A. Cornelius of O'Neill, Cornelius, Everett & Cohen, Ocala, for appellant.

Douglas P. Chanco, Division of Workers' Compensation, Tallahassee, for appellees.

Daniel L. Hightower of Green, Simmons, Green, Hightower & Gray, Ocala, for claimant Phyllis A. Parker.

Bernard J. Zimmerman and Marshall S. Adler of Akerman, Senterfitt & Edison, Orlando, for employer Closet Maid Corp. and Carrier American States Ins. Co.

Richard A. Sicking, Tallahassee, amicus curiae.

PER CURIAM.

This cause is before us on appeal from the order of the deputy commissioner compelling production of hospital records, wherein the parties have sought to present to this court for resolution the effect of Section 395.017(3), Florida Statutes, on the power of the deputy to subpoena hospital records pursuant to Section 440.33, Florida Statutes. We treat the appeal as petition for writ of certiorari.

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