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JAMES MITCHELL & COMPANY v. GALLAGHER

No. 94-3485.

651 So.2d 700 (1995)

JAMES MITCHELL & COMPANY, JMC Insurance Services, Inc., JMC Financial Corporation, and James K. Mitchell, Individually, Petitioners, v. Tom GALLAGHER, Commissioner of the Florida Department of Insurance, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied April 11, 1995.

Attorney(s) appearing for the Case

James F. Carroll, Fort Lauderdale, for petitioners.

Daniel Sumner, Jacksonville, for respondent.

PER CURIAM.

While we find that the statements made by the Honorable Tom Gallagher as Insurance Commissioner in this case could have served as a basis for issuance of the writ of prohibition to disqualify him from issuing the final order below, we find that the fact that Gallagher no longer holds the Office of Insurance Commissioner has rendered the issue moot. Petitioners' request for fees is denied.

PETITION DENIED.

BOOTH, WOLF and MICKLE...

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