BUTLER v. STATE, DEPT. OF INS.

No. 95-4214.

680 So.2d 1103 (1996)

S. Clark BUTLER and Florida Home Builders Association, Appellants, v. STATE of Florida, DEPARTMENT OF INSURANCE; Chicago Title Insurance Company; American Pioneer Title Insurance Company; Florida Land Title Association; Attorneys' Title Insurance Fund, Inc.; Florida Association of Independent Title Agents; and Stewart Title Guaranty Company, Appellees.

District Court of Appeal of Florida, First District.

October 11, 1996.


Attorney(s) appearing for the Case

Thomas J. Guilday and Vikki R. Shirley of Huey, Guilday & Tucker, Tallahassee, for appellant S. Clark Butler.

Robert M. Rhodes and Cathy M. Sellers of Steel Hector & Davis, Tallahassee, for appellant Florida Homes Builders Association.

S. Marc Herskovitz of Division of Legal Services, Department of Insurance, Tallahassee, for appellee Department of Insurance.

Zollie M. Maynard, Jr. and William C. Owen of Panza, Mauer, Maynard & Neel, P.A., Tallahassee, for appellee Chicago Title Insurance Company.

William H. Hughes, III and Kevin X. Crowley, of Cobb Cole & Bell, Tallahassee, for appellee American Pioneer Title Insurance Company.

Davisson F. Dunlap, Jr. of Pennington, Culpepper, Moore, Wilkinson, Dunbar & Dunlap, P.A., Tallahassee, for appellee Stewart Title Guaranty Co.


KAHN, Judge.

We have on appeal a final order of the Circuit Court dismissing an amended complaint filed by appellant, S. Clark Butler. Butler, joined by the Florida Home Builder's Association, challenged the constitutionality of Rule 4-186.003(13)(a), Florida Administrative Code, and sections 626.9541(1)(h)3.a., 626.611(11) and 626.572, Florida Statutes (1993). The circuit judge dismissed the amended complaint for failure to exhaust administrative remedies. We reverse...

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