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STATE, DEPT. OF H. & R. SERV. v. STATE

No. AZ-487.

472 So.2d 790 (1985)

STATE of Florida, DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, and David Pingree, Secretary, Hrs, Appellants, v. STATE of Florida, et al., David G. Cobb, Thomas J. Hodges, Andrew A. Davis, Don E. Sheffield, James C. Parmer, Harry T. Strickland, Freddy Burch, William Thomason, Rex A. Moody, Quinton Finuff, Hollis McLendon, Jr., Rennell W. Albritton, Lavern H. Dickens, Otis Brown, Steve S. Horton, Carl E. Glass, William T. Arrant, Kenneth Frost, Jr., Tom Lewis, Sharon Johnson, Granderson Johnson, and Linda Henley, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 1, 1985.

Attorney(s) appearing for the Case

Theodore E. Mack, Asst. Gen. Counsel, Dept. of Health & Rehabilitative Services, Tallahassee, for appellants.

Edward S. Stafman, Tallahassee, for appellees.

WENTWORTH, Judge.

The Department of Health and Rehabilitative Services (HRS) seeks review of an order granting summary judgment and directing HRS to provide appellees with "back contact pay." We find that the court erred in granting summary judgment and we reverse the order appealed.

In January 1982 correctional officers at the Florida State Hospital were reclassified to the position of institutional security specialists; such reclassification effected a loss...

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