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CAMPBELL v. STATE

No. 1D08-756.

9 So.3d 59 (2009)

D. Michael CAMPBELL, Esquire, former Counsel for Plaintiff, Sixto Oliva (Deceased), Appellant, v. The STATE of Florida, Florida Department of Business and Professional Regulation, Florida Agency for Health Care Administration, and Florida Department of Legal Affairs, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 6, 2009.

Attorney(s) appearing for the Case

Richard B. Bush and C. Timothy Gray of Bush, Augspurger & Lynch, P.A., Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Jonathan A. Glogau, James A. Peters and Daniel S. Dearing, Assistant Attorney General, Tallahassee, for Appellees State of Florida and Florida Department of Legal Affairs; David Tarbert and Garnett W. Chisenhall, Tallahassee, for Appellee Florida Department of Business and Professional Regulation; Craig H. Smith, Tallahassee, for Appellee Agency for Health Care Administration.

PER CURIAM.

D. Michael Campbell, Appellant, seeks review of an order imposing sanctions on him for pursuing baseless litigation in a class action lawsuit against the State and various agencies (collectively, "the State"). We agree with Appellant that the trial court erred in considering the State's motion for sanctions under the circumstances of this case. Accordingly, we reverse and remand with directions.

The events leading to the trial court's imposition...

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