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MCCLASH v. DEPT. OF BUS. AND PROF. REG.

No. 2D00-5050.

798 So.2d 775 (2001)

Joseph P. McCLASH d/b/a 317-359 East 61st Avenue Apartments, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, Appellee.

District Court of Appeal of Florida, Second District.

August 24, 2001.

Attorney(s) appearing for the Case

Joseph P. McClash, pro se.

Gail S. Hoge, Assistant General Counsel, Department of Business and Professional Regulation, Tallahassee, for Appellee.

BLUE, Chief Judge.

Joseph P. McClash appeals a final order of the Department of Business and Professional Regulation following a recommended order by an administrative law judge ("ALJ"). The Department's order concluded that McClash's properties were subject to licensing by the Division of Hotels and Restaurants. Because the Department improperly substituted its factual finding on one dispositive point, we reverse.

McClash owns eight duplexes on a culde-sac...

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