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MOORE v. MOORE

No. 91-03509.

602 So.2d 691 (1992)

Carolyn MOORE and Florida Department of Health and Rehabilitative Services, Appellants, v. Melissa K. MOORE, n/k/a Melissa K. Commander, Appellee.

District Court of Appeal of Florida, Second District.

August 5, 1992.

Attorney(s) appearing for the Case

Sheryl D. Snodgrass of Carlton & Carlton, P.A., Lakeland, for appellant Dept. of Health & Rehabilitative Services.

Debra J. Sutton of Debra J. Sutton, P.A., and Kelly B. Hardwick, III, Bartow, for appellee.

DANAHY, Judge.

The appellee having correctly and commendably confessed error on the basis of our recent decision in State, Department of Health & Rehabilitative Services v. Harvey, 593 So.2d 611 (Fla. 2d DCA 1992), we, again, as in Harvey, reverse the order requiring HRS to pay the prevailing party's fees in this action brought pursuant to section 409.2567, Florida Statutes (1989).

Reversed.

RYDER...

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