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RIDGEWOOD PROP., INC. v. STATE, DEPT. OF COM. AFF

No. 88-2725.

548 So.2d 1165 (1989)

RIDGEWOOD PROPERTIES, INC., Appellant, v. STATE of Florida, DEPARTMENT OF COMMUNITY AFFAIRS, Appellee.

District Court of Appeal of Florida, First District.

September 8, 1989.

Attorney(s) appearing for the Case

Christopher C. Skambis and R. Duke Woodson of Foley & Lardner, Van Den Berg, Gay, Burke, Wilson & Arkin, Orlando, for appellant.

C. Laurence Keesey and Diana M. Parker of the Dept. of Community Affairs, Tallahassee, for appellee.

PER CURIAM.

We affirm the final order in all respects. However, even though it is not prohibited by the Administrative Procedures Act, we believe it is at least not good policy for the Department Secretary to appear as a witness when the same Secretary is the one who later enters the final order. Judging should be separated from functions that are incompatible with judging and the legislature may want to address this. We certify to the Supreme Court as a question...

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