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HAMBLEY v. STATE, DEPT. OF NAT. RESOURCES

No. AW-112.

459 So.2d 408 (1984)

Robert Ryan HAMBLEY D/B/a Sunshine State Clam Co., Appellant, v. The State of Florida, the Department of Natural Resources, et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied December 18, 1984.

Attorney(s) appearing for the Case

Ronald H. Schnell, of Carr & Schnell, St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Joseph A. Linnehan, Asst. Atty. Gen., and R. Bruce McKibben, Certified Legal Intern, Tallahassee, for appellees.

WIGGINTON, Judge.

Hambley appeals from the trial court's dismissing with prejudice counts I, III, IV and V of his third amended complaint. We have jurisdiction and affirm in part and reverse in part.

Hambley was arrested by the Florida Marine Patrol in 1978, on charges of harvesting and marketing clams in violation of rule 16B-28.09, Florida Administrative Code, and in falsifying wholesale seafood records in violation of section 370.07(5), Florida Statutes...

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