NATIONAL ASSOCIATION OF OPTOMETRISTS AND OPTICIANS v. THE FLORIDA DEPARTMENT OF HEALTH, FLORIDA BOARD OF OPTOMETRY

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NATIONAL ASSOCIATION OF OPTOMETRISTS AND OPTICIANS, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellants, CASE NO. 1D04-0274 v. THE FLORIDA DEPARTMENT OF HEALTH, FLORIDA BOARD OF OPTOMETRY, Appellee. ______________________________/ Opinion filed February 2, 2005. An appeal from an order of the Department of Health. Ronald A. Labasky and John T. LaVia, III, of Landers & Parsons, P. A., Tallahassee, for Appellants. Charlie Crist, Attorney General; M. Catherine Lannon, Senior Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The order denying appellant's motion to intervene is reversed, the final order granting declaratory statement is vacated, and the case is remanded with instructions to allow appellant to intervene and for further proceedings to readdress the declaratory statement. See NAACP, Inc. v. Florida Bd. of Regents, 863 So. 2d 294 (Fla. 2003); Florida Optometric Ass'n v. Dep't of Prof'l Regulation, Bd. of Opticianry, 567 So. 2d 928 (Fla. 1st DCA 1990). WOLF, C. J., KAHN AND POLSTON, JJ., CONCUR. 2

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