Humphreys v. Moriarty (655 So. 2d 1169, 1995)

Florida District Court of Appeal 1995-05-10

Citations

Full opinion text

PER CURIAM.

The petition for writ of prohibition is denied.

POLEN and SHAHOOD, JJ., concur.

WARNER, J., dissents with 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) 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.