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NAOO v. FLORIDA DEPT. OF HEALTH

Nos. 1D05-2578, 1D05-2645.

922 So.2d 1060 (2006)

NATIONAL ASSOCIATION OF OPTOMETRISTS AND OPTICIANS, Appellant, v. The FLORIDA DEPARTMENT OF HEALTH, FLORIDA BOARD OF OPTOMETRY, Appellee. and Wal-Mart Stores, Inc., Appellant, v. The Florida Department of Health, Florida Board of Optometry, Appellee.

District Court of Appeal of Florida, First District.

March 14, 2006.

Attorney(s) appearing for the Case

Ronald A. Labasky, Esq. and John T. LaVia, III, Esq. of Young Van Assenderp, P.A., Tallahassee for the National Association of Optometrists and Opticians; John C. Taylor, Jr., Esq. and Rhonda B. Boggess, Esq. of Taylor, Day & Currie, Jacksonville for Wal-Mart Stores, Inc., for Appellants.

Charlie Crist, Attorney General; A. Mireille Fall, Assistant Attorney General; Lee Ann Gustafson, Assistant Attorney General, Tallahassee, for Appellee.

LEWIS, J.

In these consolidated appeals, appellants, the National Association of Optometrists and Opticians ("NAOO") and Wal-Mart Stores, Inc. ("Wal-Mart"), appeal a declaratory statement issued by appellee, the Florida Board of Optometry ("Board"), in response to an amended petition for declaratory statement filed by Dr. Victoria Haines, an optometrist. Appellants raise two issues on appeal. They first argue that the Board exceeded its authority in issuing the declaratory...

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