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DISCOVERY EXPERIMENTAL AND DEVELOPMENT, INC. v. DEPT. OF HEALTH

No. 2D01-2412.

824 So.2d 195 (2002)

DISCOVERY EXPERIMENTAL AND DEVELOPMENT, INC., a Florida corporation; Discovery Distributing, Inc.; B & B Freight Forwarding, Inc.; Astak, Inc.; and James T. Kimball, Appellants, v. DEPARTMENT OF HEALTH f/k/a Department of Health and Rehabilitative Services, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 16, 2002.

Attorney(s) appearing for the Case

R. Elliott Dunn, Jr., Wesley Chapel, for Appellant Discovery Experimental and Development, Inc.

James T. Kimball, pro se.

No appearance for Appellants Discovery Distributing, Inc.; B & B Freight Forwarding, Inc; and Astak, Inc.

Robert P. Daniti, Senior Attorney, Department of Health, Tallahassee, for Appellee.

STRINGER, Judge.

Appellants challenge an award of attorney's fees and costs to the Department of Health (DOH) as the prevailing party in its civil enforcement action to enjoin the illegal manufacture and sale of a non-FDA approved drug—liquid deprenyl. We affirm the award in part and reverse in part.

After an evidentiary hearing on DOH's motion for attorney's fees and costs, the trial court entered a final judgment awarding the agency attorney's fees...

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