LARRY BAILEY, v. AGENCY FOR PERSONS WITH DISABILITIES

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA LARRY BAILEY, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D09-2668 AGENCY FOR PERSONS WITH DISABILITIES, Appellee. _______________________________/ Opinion filed December 10, 2009. An appeal from an order of the Agency for Persons with Disabilities. William Carr Smith of Jacksonville Area Legal Aid, Inc., Jacksonville, for Appellant. John Beranek of Ausley & McMullen, Tallahassee; John Newton, General Counsel, Agency for Persons with Disabilities, and Karl David Acuff, Senior Attorney, Tallahassee, for Appellee. PER CURIAM. The order on appeal which denied appellant s request for a formal administrative hearing is quashed. The cause is remanded to the Agency for further proceedings consistent with Moreland v. Agency for Persons with Disabilities, 34 Fla. L. Weekly D1715 (Fla. 1st DCA Aug. 21, 2009) and the order of the United States District Court in Washington v. Debeaugrine, Case No. 4:09cv-189-RH/WCS (N.D. Fla.). KAHN, LEWIS, and WETHERELL, JJ., CONCUR.

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