BROWN, EDWARDS, TOALE FUN. v. LEWIS

No. 93-2596.

640 So.2d 177 (1994)

BROWN, EDWARDS, TOALE FUNERAL HOME, INC. d/b/a Manatee Markers and Cemetery Brokers, a Florida Corporation, Appellant, v. Gerald LEWIS, Comptroller of Florida, as Head of the Florida Department of Banking and Finance, Hillcrest Cemetery, Inc., d/b/a Palms Memorial Park, a Florida Cemetery Corporation, and Nationsbank, N.A., a National Banking Association with trust powers, as the successor in interest to NCNB Bank, N.A., a National Banking Association with trust powers, as Trustee of The Care and Maintenance Trust Fund of Hillcrest Cemetery, Inc., and Hearing Officer William R. Cave, Division of Administrative Hearings, Tallahassee, Appellees.

District Court of Appeal of Florida, First District.

July 29, 1994.


Attorney(s) appearing for the Case

James R. Brewster, Tallahassee, for appellant.

Deborah Guller, Asst. Gen. Counsel, Office of Comptroller, Hume F. Coleman and Susan L. Turner, Holland & Knight, Tallahassee, for appellees.


JOANOS, Judge.

This is an appeal from a final order dismissing appellant's complaint with prejudice. We affirm in part and reverse in part.

Brown, Edwards, Toale Funeral Home d/b/a Manatee Markers and Cemetery Brokers ("BET"), is a cemetery brokerage firm which also owns a certificate for interment rights at Palms Memorial Park ("Palms"), which is owned by Hillcrest Cemetery, Inc. ("Hillcrest"). After a notice was published in the Florida Administrative Law...

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