Florida District Courts of Appeal, 1995

Humphreys v. Moriarty

Florida District Courts of Appeal · Decided May 10, 1995 · Polen, Shahood, Warner

655 So. 2d 1169; 1995 Fla. App. LEXIS 5046; 1995 WL 270908 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

The petition for writ of prohibition is denied.

POLEN and SHAHOOD, JJ., concur. WARNER, J., dissents with opinion.

Dissenting Opinion

WARNER, Judge,

dissenting with opinion.

I would hold that the timeliness of the filing of this complaint for trial de novo under section 718.1255, Florida Statutes (1993), is governed by the Florida Administrative Code, Rule 61B-45.020 (1993)1 and that under the administrative rules this petition is not timely.

. This rule was enacted after Taylor v. Department of Professional Regulation, Board of Medical Examiners, 520 So.2d 557 (Fla. 1988), on which respondents rely.

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