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DEPT. OF VETERAN'S AFFAIRS v. CLEARY

No. 2D06-4069.

971 So.2d 253 (2008)

FLORIDA DEPARTMENT OF VETERAN'S AFFAIRS d/b/a Baldomero Lopez Memorial Veterans Nursing Home, Appellant, v. Harold CLEARY, Appellee.

District Court of Appeal of Florida, Second District.

January 4, 2008.

Attorney(s) appearing for the Case

David R. Herman, General Counsel, Florida Department of Veterans Affairs d/b/a Baldomero Lopez Memorial Veterans Nursing Home, Tallahassee, for Appellant.

No appearance for Appellee.

Karen L. Goldsmith of Goldsmith, Grout & Lewis, P.A., Winter Park, for Amicus Curiae Florida Health Care Association.

GALLEN, THOMAS M., Associate Senior Judge.

The Florida Department of Veteran's Affairs ("the Department") appeals the final order of a hearing officer which held that the discharge of Harold Cleary from the Baldomero Lopez Memorial Veteran's Nursing Home was unlawful because it occurred without giving a thirty-day notice. Cleary did not file a brief in this appeal. The Florida Health Care Association filed an Amicus brief in support of the Department. We reverse....

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