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JERNIGAN v. STATE, DEPT. OF MANAGEMENT SERVICES

No. 1D07-5011.

995 So.2d 996 (2008)

Reggie E. JERNIGAN, Appellant, v. STATE of Florida, DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 8, 2008.

Attorney(s) appearing for the Case

T. Rhett Smith and Teresa E. Liles, of T. Rhett Smith, P.A., Pensacola, for Appellant.

Elizabeth R. Stevens, Office of the General Counsel, Department of Management Services, Tallahassee, for Appellee.

PER CURIAM.

Appellant, Reggie E. Jernigan, challenges the final order of the Division of Retirement denying his claim for "disability in-line-of-duty" retirement benefits under section 121.021(13), Florida Statutes (2004). We agree with Mr. Jernigan that this case is controlled by Dixon v. Department of Administration, Division of Retirement, 481 So.2d 52 (Fla. 1st DCA 1985); therefore, we reverse and remand with directions...

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