Walters v. State Department of Health & Rehabilitative Services, Division of Health
Walters v. State Department of Health & Rehabilitative Services, Division of Health
Opinion of the Court
By petition for writ of certiorari, Walters challenges an order of the Circuit Court of Volusia County transferring venue of this administrative proceeding to the Circuit Court for Leon County.
On March 11, 1975, petitioner sought review in the Circuit Court of Volusia County
“This cause came on to be heard upon the Respondent’s motion to transfer the jurisdiction for writ of certiorari to proper court dated August 13, 1975 [filed August 15, 1975] ....
“WHEREFORE it is the order of this court that Respondent’s motion to transfer jurisdiction for writ of certiorari to proper court is hereby granted ...” (emphasis supplied)
The question presented in this case is not one of jurisdiction but of venue; the distinction between which, apparently, was not understood by respondent or the trial court.
“The final order of the division in proceedings for the suspension or revocation of certificates of registration shall be subject to review by the Circuit Court of Leon County, or the county wherein the registrant has recorded his certification of registration and has his principal place of business, or of the county wherein the books and records of the division are kept.”4
Thus, jurisdiction to review respondent’s orders for suspension or revocation of certificates of registration was vested in one of three circuit courts: 1) the Circuit Court of Leon County, 2) the circuit court for the county wherein respondent here kept its books and records, or 3) the circuit court for the county wherein petitioner here had recorded his certificate of registration and had his principal place of business.
It is uncontradicted that petitioner had his principal place of business in Volusia County and that petitioner did record his certificate of registration seven days after seeking appellate review of respondent’s order. Jurisdiction for such review by the Volusia County Circuit Court was statutorily provided. Proper venue for such appellate review was dependent upon a factual basis. Respondent having not in
Certiorari is granted. The order transferring venue to Leon County is quashed.
. State Department of Health & Rehabilitative Services, Division of Health v. Walters, 315 So.2d 494 (1 Fla.App. 1975).
. McGowin v, McGowin, 122 Fla. 394, 165 So. 274 (1936).
. Williams v. Ferrentino, 199 So.2d 504 (2 Fla.App. 1967).
.The Division of Health was abolished and its functions transferred to the Department of Health and Rehabilitative Services on October 1, 1975. See § 3(3), ch. 75-48, Laws of Florida.
Concurring Opinion
(concurring):
I agree to the court’s judgment restoring this case to the Circuit Court of Volusia County for disposition. I would not, however, predicate the decision on a theory that respondent’s “Motion to Transfer Jurisdiction for Writ of Certiorari to Proper Court” was ineffective to raise the venue question. Rather, I would give respondent’s motion full effect for that purpose and hold, nevertheless, that the statutory requirement for recording petitioner’s certificate in the county of his principal place of business could be satisfied during the course of litigation, whenever recordation became necessary to save petitioner’s subt stantial right to litigate at home.
Reference
- Full Case Name
- Wynn E. WALTERS v. STATE of Florida DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, DIVISION OF HEALTH
- Cited By
- 4 cases
- Status
- Published