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DEPT. OF FINANCIAL SER. v. RISCORP INS. CO.

Nos. 1D02-3484, 1D02-3485.

871 So.2d 261 (2004)

FLORIDA DEPARTMENT OF FINANCIAL SERVICES, et al., Appellants, v. RISCORP INSURANCE COMPANY and, et al., Appellees. and Florida Department of Financial Services, et al., Appellants, v. Florida Hospitality Mutual Insurance Co., etc., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 4, 2004.

Attorney(s) appearing for the Case

Charlie Crist, Attorney General; Christopher M. Kise, Solicitor General, Louis F. Hubener, Deputy Solicitor General, Lynn C. Hearn, Deputy Solicitor General, Charlie McCoy, Assistant Attorney General, Tallahassee, for Appellants.

Michael G. Tanner, and Frederick D. Page, of Holland & Knight, LLP, Jacksonville for Florida Hospitality Mutual Insurance Company; Timothy W. Volpe, and Michael M. Bajalia, of Volpe, Bajalia, Wickes & Rogerson, Jacksonville for RISCORP, for Appellees.

LEWIS, J.

In these consolidated appeals, appellants, the Florida Department of Financial Services and Tom Gallagher, as Chief Financial Officer, seek review of the trial court's two final judgments declaring that appellees, RISCORP Insurance Company, RISCORP Property & Casualty Insurance Company (collectively "RISCORP"), and Florida Hospitality Mutual Insurance Company ("FHM") were entitled to refunds for their overpayment into Florida's Special Disability Trust...

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