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EYEMED VISION v. DEPT. OF MANAGEMENT SERVS.

Nos. 1D07-4098, 1D07-4120.

964 So.2d 201 (2007)

EYEMED VISION CARE, LLC, a corporation organized under the laws of the State of Delaware, Petitioner, v. STATE of Florida, DEPARTMENT OF MANAGEMENT SERVICES, and Spectera, Inc., Respondents. CompBenefits Company, Petitioner, v. Department of Management Services, Division of State Group Insurance, and Spectera, Inc., Respondents.

District Court of Appeal of Florida, First District.

August 24, 2007.

Attorney(s) appearing for the Case

Melissa J. Copeland of Nelson, Mullins, Riley & Scarborough, LLP, Columbia, SC; Robert N. Clarke, Jr., and Martin B. Sipple of Ausley & McMullen, P.A., Tallahassee, for Petitioner EyeMed Vision Care, LLC; Orion G. Callison, III, and Diane Lindstrom Beach of Panza, Maurer & Maynard, P.A., Fort Lauderdale, for Petitioner CompBenefits Company.

Clifford A. Taylor, Chief of Litigation, and Barbara M. Crosier, Associate General Counsel, Office of General Counsel, Tallahassee, for Respondent State of Florida, Department of Management Services; Frederick J. Springer and Barbara D. Auger of Bryant, Miller & Olive, P.A., Tallahassee, for Respondent Spectera, Inc.

PER CURIAM.

In these consolidated proceedings, EyeMed Vision Care and CompBenefits Company seek review of nonfinal administrative action of the Department of Management Services calling for the continuation of a contract award process notwithstanding the pendency of petitioners' protests of the proposed award. We conclude that the agency's order fails to satisfy the burden imposed by statute to justify overriding the otherwise mandatory statutory stay resulting from...

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