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SIMMONS v. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION

Case No. 1D06-2963.

939 So.2d 149 (2006)

CHARLES E. SIMMONS, M.D., Petitioner, v. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent.

District Court of Appeal of Florida, First District.

Opinion filed September 20, 2006.

Attorney(s) appearing for the Case

Stephen T. Maher and Michael P. Gennett of Shutts & Bowen LLP, Miami, for Petitioner.

Bill Roberts, Deputy General Counsel, and Garnett W. Chisenhall, Chief Appellate Counsel, Agency for Health Care Administration, Tallahassee, for Respondent.

PER CURIAM.

Petitioner fails to demonstrate a clear legal right of AHCA to perform a clear legal duty. See Turner v. Singletary, 623 So.2d 537 (Fla. 1st DCA 1993). Therefore, the petition for writ of mandamus is denied. Petitioner's request for oral argument is denied as moot.

ALLEN, WEBSTER, and DAVIS, JJ., CONCUR.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF...

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