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FLORIDA DEPT. OF INS. v. CYPRESS INS. CO.

No. 93-2556.

660 So.2d 1177 (1995)

FLORIDA DEPARTMENT OF INSURANCE, Appellant, v. CYPRESS INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, First District.

October 2, 1995.

Attorney(s) appearing for the Case

Helen Ann Hauser of Dittmar & Hauser, Coconut Grove; and Dennis Threadgill, Allyson Puckett, and Karen Asher-Cohen, Division of Rehabilitation and Liquidation, Florida Department of Insurance, Tallahassee, for Appellant.

Bruce A. Minnick of Mang, Rett & Collette, P.A., Tallahassee; and Milton J. Wallace, Michael G. Shannon, and Mark D. Wallace of Wallace, Bauman, Fodiman & Shannon, P.A., Coral Gables, for Appellee.

ZEHMER, Chief Judge.

The Florida Department of Insurance appeals a final order that dismisses its petition seeking a determination that Cypress Insurance Company is statutorily insolvent and appointment as receiver for Cypress for purpose of liquidation. The Department essentially raises three issues on appeal: (1) whether the circuit court erred in dismissing the petition, thereby permitting Cypress to carry out its own plan of pseudo-rehabilitation and obtain court...

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