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OSTERBACK v. AGWUNOBI

No. 1D03-1589.

873 So.2d 437 (2004)

Mark OSTERBACK, Appellant, v. John O. AGWUNOBI, Secretary of Department of Health, Appellee.

District Court of Appeal of Florida, First District.

April 26, 2004.

Attorney(s) appearing for the Case

Appellant Mark Osterback, pro se, Bushnell.

Richard P. McNelis, Assistant General Counsel, Tallahassee, for Appellee.

KAHN, J.

Appellant, Mark Osterback, appeals a final order granting summary judgment in favor of appellee, as Secretary of the Department of Health (DOH or the Department). Because DOH failed to comply with the provisions of chapter 120, Florida Statutes, in repealing its rules regulating environmental conditions in prisons, we reverse.

I. Background

On September 9, 2000, appellant, a state prison inmate, filed a circuit court complaint for declaratory...

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