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DEPT. OF FINANCIAL SERV. v. TAMPA SERVICE

No. 1D03-2852.

884 So.2d 252 (2004)

FLORIDA DEPARTMENT OF FINANCIAL SERVICES, as the Receiver of Associated Business Owners, Self Insurers Fund and Florida Workers' Compensation Insurance Guaranty Association, Incorporated, Appellants, v. TAMPA SERVICE COMPANY, INC., Appellee.

District Court of Appeal of Florida, First District.

August 13, 2004.

Attorney(s) appearing for the Case

Thomas J. Korge, Esq., and Christopher G. Korge, Esq., of Korge & Korge, Coral Gables; and Sheila L. Erstling, Esq., and Eric S. Scott, Esq., Tallahassee, Attorneys for Florida Department of Financial Services; and Carlos L. de Zayas, Esq., and Matthew L. Lines, Esq., of Diaz, O'Naghten & Borgognoni, LLP., Miami, Attorneys for Florida Workers' Compensation Insurance Guaranty Association, Incorporated, for Appellants.

Kevin H. Graham, of Shumaker, Loop & Kendrick, LLP., Tampa; and Kenneth W. Sukhia, of Fowler White Boggs Banker, P.A., Tallahassee, for Appellee.

BROWNING, J.

This is an appeal by Florida Department of Financial Services (Receiver) from a summary judgment in favor of Tampa Service Company, Inc. (TSC). Because Receiver is bound by admissions that preclude recovery, we affirm.

The facts of this appeal are as follows. In 1997, Associated Business Owners, Self Insurers Fund (ABO) was adjudged insolvent. Florida Department of Financial Services became the receiver. Receiver then assessed the members of ABO...

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