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NOVICK v. DEPARTMENT OF HEALTH

No. 5D01-2029.

816 So.2d 1237 (2002)

Kenneth NOVICK, M.D., etc. et al., Appellants, v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE, Appellee.

District Court of Appeal of Florida, Fifth District.

May 31, 2002.

Attorney(s) appearing for the Case

Anthony Deglomine, III and Nichole M. Mooney, of Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A., Orlando, for Appellants.

Robert A. Butterworth, Attorney General, and M. Catherine Lannon and Lee Ann Gustafson, Assistant Attorneys General, Tallahassee, for Appellee.

SHARP, W., J.

Novick, M.D., as President of New Interlachen Pediatrics, P.A. ("Interlachen") appeals from an order rendered by the Department of Health, Board of Medicine ("Board"), which declined to determine whether a management service contract entered into between Interlachen and Pediatric Physician Alliance, Inc. ("PPA"),1 violates Florida law. The Board took the position that it was not required to make a ruling on the legality of...

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