Hall Approved Free Access to American Case Law
Florida District Courts of Appeal, 1997

Bio-Medical Applications of Florida, Inc. v. Kroll

Bio-Medical Applications of Florida, Inc. v. Kroll
Florida District Courts of Appeal · Decided December 10, 1997 · Polen, Shahood, Warner
702 So. 2d 288; 1997 Fla. App. LEXIS 13656; 1997 WL 756682 (Southern Reporter, Second Series)

Bio-Medical Applications of Florida, Inc. v. Kroll

Concurring Opinion

WARNER, Judge,

concurring specially.

I would deny the petition, rather than dismiss it. I believe that an order denying a motion to dismiss a whistle blower’s complaint for retaliatory firing based on the employee’s failure to give the notice required in section 448.103(1)(e), Florida Statutes (1995), prior to filing suit may be addressed by certiorari review. Cf. Parkway Bank v. Fort Myers Armature Works, Inc., 658 So.2d 646, 649 (Fla. 2d DCA 1995).

Opinion of the Court

PER CURIAM.

The petition for writ of certiorari is dismissed.

POLEN and SHAHOOD, JJ„ concur. WARNER, J., concurs specially.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

↑