Bio-Medical Applications of Florida, Inc. v. Kroll (702 So. 2d 288, 1997)

Florida District Court of Appeal 1997-12-10

Citations

Full opinion text

PER CURIAM.

The petition for writ of certiorari is dismissed.

POLEN and SHAHOOD, JJ„ concur.

WARNER, J., concurs specially.

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).