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FLORIDIAN COMMUNITY BANK v. STATE, OFFICE OF FIN. REG.

Nos. 4D07-4437, 4D07-4639.

989 So.2d 1231 (2008)

FLORIDIAN COMMUNITY BANK, INC. and Joanne P. Gaines, Appellants, v. STATE of Florida, OFFICE OF FINANCIAL REGULATION, DIVISION OF FINANCIAL INSTITUTIONS, Appellee. Floridian Community Bank, Inc. and Joanne P. Gaines, Appellants, v. State of Florida, Office of Financial Regulation, Division of Financial Institutions, Appellee.

District Court of Appeal of Florida, Fourth District.

September 10, 2008.

Attorney(s) appearing for the Case

John H. Pelzer of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, and Edward W. Dougherty, Jr., and Travis R. Walker of Igler & Dougherty, P.A., Tallahassee, for appellants.

Steven S. Ferst and Bruce Kuhse, Tallahassee, for appellee State of Florida, Office of Financial Regulation.

HAZOURI, J.

These two cases concern the resolution of a single legal issue: whether the Office of Financial Regulation (hereinafter "OFR") may enforce a condition originally placed on an application for the organization of a new Florida chartered bank, even though the bank has been open for general commercial banking business for more than five years. The cases were consolidated for oral argument and will be jointly disposed...

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