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CHOICE PLUS LLC v. FLA. DEPT. OF FIN'L

No. 1D14-0124.

135 So.3d 1163 (2014)

CHOICE PLUS LLC, In re: Estate of Inez Eleanor Rigley, Petitioner, v. FLORIDA DEPARTMENT OF FINANCIAL SERVICES, BUREAU OF UNCLAIMED PROPERTY, Respondent.

District Court of Appeal of Florida, First District.

April 22, 2014.

Attorney(s) appearing for the Case

Michael Farrar , Miami; and Seann M. Frazier of Parker, Hudson, Rainier & Dobbs, L.L.P., Tallahassee, for Petitioner.

P.K. Jameson , General Counsel, and Lori Lynn Jobe , Assistant General Counsel, Florida Department of Financial Services, Tallahassee, for Respondent.

PER CURIAM.

The petition for writ of mandamus is DISMISSED as moot. We write, however, to address one of the Department of Financial Services' arguments made in response to the petition seeking to compel it to determine petitioner's claim to property filed under section 717.124, Florida Statutes (2013). The Department asserts that mandamus does not lie because petitioner has sought to compel an act that is not ministerial...

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