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Florida District Courts of Appeal, 1994

Department of Banking & Finance, Division of Financing v. Martin Young Private Investigating Agency, Inc.

Department of Banking & Finance, Division of Financing v. Martin Young Private Investigating Agency, Inc.
Florida District Courts of Appeal · Decided April 19, 1994 · Allen, Booth, Webster
638 So. 2d 518; 1994 Fla. App. LEXIS 3625; 1994 WL 133525 (Southern Reporter, Second Series)

Department of Banking & Finance, Division of Financing v. Martin Young Private Investigating Agency, Inc.

Opinion of the Court

PER CURIAM.

We affirm the hearing officer’s determination that the Department of Banking and Finance’s proposed rule is invalid. We affirm on the ground that there was no statutory authority for the rule.1

BOOTH, ALLEN and WEBSTER, JJ., concur.

. The parties are in agreement that the hearing officer's discussion of the law of garnishment in this context is incorrect since that remedy is not available against the State absent specific legisla*519tive authority. G & J Investments v. Florida Department of Health and Rehabilitative Services, 429 So.2d 391 (Fla. 3d DCA 1983).

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