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ADLINGTON v. SPOONER

No. 99-0813.

743 So.2d 1195 (1999)

Phillip ADLINGTON, Appellant, v. Edward M. SPOONER, as Chairman of the Florida Parole Commission, Appellees.

District Court of Appeal of Florida, Fourth District.

November 3, 1999.

Attorney(s) appearing for the Case

Phillip Adlington, South Bay, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Charles M. Fahlbusch, Assistant Attorney General, Fort Lauderdale, for appellee.

HAZOURI, J.

Phillip Adlington appeals from an order which granted the Florida Parole Commission's (FPC) motion to quash service and dismissed Adlington's complaint against the FPC for failing to perform its statutory duty under section 947.24(2), Florida Statutes (1995). The FPC argued that it was not a state agency as defined in section 768.28(2), Florida Statutes (1995). The trial court ruled that the FPC was not a proper party and dismissed Adlington's complaint...

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