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TAMBURELLO v. ST. DEPT. OF MGT. SERV.

No. 93-4061.

657 So.2d 32 (1995)

Gaspare B. TAMBURELLO, Appellant, v. STATE of Florida, DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 28, 1995.

Attorney(s) appearing for the Case

M.J. Menge of Shell, Fleming, Davis & Menge, Pensacola, for appellant.

Stanley M. Danek of Div. of Retirement, Tallahassee, for appellee.

PER CURIAM.

This cause is before us on appeal from the Department of Management Services, Division of Retirement's (DOR) final order rejecting several of the hearing officer's findings of fact to determine that Tamburello had been re-employed within twelve months of his retirement and was, therefore, required to repay retirement benefits made by DOR. We reverse.

As relevant to this appeal, the hearing officer found:

6. The consulting contract specified...

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