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PADILLA v. LIBERTY MUT. INS. CO.

No. 1D01-3825.

832 So.2d 916 (2002)

Lazaro PADILLA, Appellant, v. LIBERTY MUTUAL INS. CO. and Department of Insurance, Appellees.

District Court of Appeal of Florida, First District.

December 19, 2002.

Attorney(s) appearing for the Case

Sharon C. Degnan, Esquire and Diane H. Tutt, Esquire of Diane H. Tutt, P.A., Plantation, for Appellant.

Nina K. Brown, Esquire, Mark S. Shapiro, Esquire and Jennifer Cohen Glasser, Esquire of Akerman, Senterfitt and Eidson, P.A., Miami, for Appellee Liberty Mutual Ins. Co., and S. Marc Herskovitz, Esquire, Tallahassee, for Appellee Department of Insurance.

BENTON, J.

Lazaro Padilla appeals the order of the Department of Insurance that, citing Couch v. State Department of Health and Rehabilitative Services, 377 So.2d 32 (Fla. 1st DCA 1979), dismissed his amended petition for declaratory statement because he "ha[d] not demonstrated a present need for the declaratory statement." We affirm.

Initially, as a putative class representative, Mr. Padilla filed a claim in the...

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