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FRANCOIS v. OSTERBACK

No. 1D05-1848.

928 So.2d 396 (2006)

M. Rony FRANCOIS, Secretary, Department of Health, Appellant, v. Mark OSTERBACK, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 15, 2006.

Attorney(s) appearing for the Case

Lucy Schneider, Assistant General Counsel, Florida Department of Health, Tallahassee, Attorney for Appellant.

Mark Osterback, Pro Se.

PER CURIAM.

AFFIRMED.

PADOVANO and LEWIS, JJ., concur; KAHN, C.J., concurs with Written Opinion.

KAHN, C.J., concurring.

This case is before the court for the second time. The case involves a challenge by Osterback to the Department of Health's repeal of chapter 10D-7 of the Florida Administrative Code. In the first appeal, we determined: (1) repeal of the rule was rulemaking; and (2) repeal of Chapter...

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