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ATWATER v. CITY OF CAPE CORAL

Nos. 2D12-3260, 2D12-3285, 2D12-3536.

120 So.3d 595 (2013)

Jeffrey H. ATWATER, as Chief Financial Officer; and Department of Financial Services, Petitioners, v. CITY OF CAPE CORAL; Armantina R. Pelaez; and National Equity Recovery Services, Inc., Respondents. Jeffrey H. Atwater, as Chief Financial Officer; and Department of Financial Services, Petitioners, v. Jasseth Blackwood; National Equity Recovery Services, Inc.; Pinewood Owners' Association, Inc.; Ranger Insurance Company; and Fireservice, Inc., Respondents. Jeffrey H. Atwater, as Chief Financial Officer; and Department of Financial Services, Petitioners, v. Clara Costa; Caridad Romero, f/k/a Caridad Perez and Christino Romero; and National Equity Recovery Services, Inc., Respondents.

District Court of Appeal of Florida, Second District.

July 10, 2013.

Attorney(s) appearing for the Case

Petitions for Writs of Prohibition to the Circuit Court for Lee County; Sherra Winesett , Judge; and Petition for Writ of Prohibition to the Circuit Court for Hillsborough County; Mark R. Wolfe , Judge. Richard T. Donelan Jr. , General Counsel, and Lori L. Jobe , Assistant General Counsel, Department of Financial Services, Tallahassee, for Petitioners.

Stephen Russell , State Attorney, Fort Myers, and Dolores Menendez , Assistant City Attorney, Cape Coral, for Respondent City of Cape Coral.

Donald A. Harrison , Riverview, for Respondent National Equity Recovery Services, Inc.

No appearance for remaining Respondents.

DAVIS, Chief Judge.

Jeffrey H. Atwater, Chief Financial Officer of the State of Florida ("the CFO"), and the Florida Department of Financial Services ("the Department") petition this court for writs of prohibition to prevent the circuit court for the Twentieth Judicial Circuit and the circuit court for the Thirteenth Judicial Circuit from requiring the CFO to appear personally at show cause hearings in three separate cases. The show cause proceedings were instituted...

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