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FLA. SOCY. OF OPHTHALMOLOGY AND MEDICAL ASS'N v. STATE, DPR

No. BS-396.

532 So.2d 1278 (1988)

FLORIDA SOCIETY OF OPHTHALMOLOGY AND Florida Medical Association, Appellants, v. STATE of Florida, DEPARTMENT OF PROFESSIONAL REGULATION; State of Florida, Board of Optometry; Van B. Poole, Secretary of the Florida Department of Professional Regulation; Peter D. Liane, O.D., Chairman of the Florida Board of Optometry; Mildred Gardner, Executive Director of the Florida Board of Optometry; and Frank A. Broome, O.D., Appellees.

District Court of Appeal of Florida, First District.

October 6, 1988.

Attorney(s) appearing for the Case

Kenneth G. Oertel, Segundo J. Fernandez, and M. Christopher Bryant, of Oertel & Hoffman, Tallahassee, for appellants.

Michael William Morell, of Carson & Linn, P.A., Tallahassee, for appellee Frank A. Broome, O.D.

Robert Butterworth, Atty. Gen., and John E. Griffin, Asst. Atty. Gen., Tallahassee, for appellee Florida Bd. of Optometry and Peter D. Liane, O.D.

ZEHMER, Judge.

Florida Society of Ophthalmology and Florida Medical Association appeal from an order dismissing their amended complaint for declaratory judgment with prejudice. The order dismisses the complaint on the ground that it failed to demonstrate a justiciable controversy sufficient to invoke the trial court's jurisdiction under § 86.021, Florida Statutes (1985).1 We affirm the dismissal, but remand with directions to permit...

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