HOWARD DOUGLAS, APPELLANT,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE

Fla. 1st DCA | 1980-08-26
No. OO-420
ERVIN and SHAW, JJ., and MELVIN, WOODROW M. (Retired), Associate Judge, concur.
388 So. 2d 587 Florida District Court of Appeal, First District (1980) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Sua sponte, we dismiss this appeal since appellant has neglected a clear point of entry to Section 120.56 proceedings by filing a rule challenge before the Division of Administrative Hearings as required by Section 120.56(2), Florida Statutes (1979). See Krestview Nursing Home v. Dept. of Health, 381 So. 2d 240 (Fla. 1st DCA 1979). Compare June Rice and Stephen Dudley Stitt v. Department of Health and Rehabilitative Services, 386 So. 2d 844 (Fla. 1st DCA 1980).

The appeal is dismissed without prejudice to appellant’s right to initiate an administrative rule challenge proceeding under Section 120.56.

DISMISSED.

ERVIN and SHAW, JJ., and MELVIN, WOODROW M. (Retired), Associate Judge, concur.


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  • Hurley v. Slingerland, 480 So. 2d 104 (Fla. 4th DCA 1985)
    …to have accrued to his own self-interest to the detriment of the limited partner appellee Sling-erland (and his successors in title) and the other general partners. Other facts are set out in a previous opinion of this court, Slingerland v. Hurley, 388 So. 2d 587 (Fla. 4th DCA 1980). Many points are raised on appeal and cross appeal. We treat only those deemed significant. Appellant’s first point on appeal is stated thusly: “Whether the trial court erred in holding that the special master could not take add…
  • Raymond S. Hurley and related interests v. Slingerland, 461 So. 2d 282 (Fla. 4th DCA 1985)
    …fore the judgment of the trial court is affirmed in all respects. AFFIRMED. ANSTEAD, C.J., and HERSEY, J., concur. . The term "Parties B” refers to appellee. The term "Parties A and C” refers to the general partners. . See Slingerland v. Hurley, 388 So. 2d 587 (Fla. 4th DCA 1980), appeal dismissed, 394 So. 2d 1152 (Fla.1980). This court affirmed in part, reversed in part and remanded the case for further findings of fact not related to the issues on this appeal. . The note provided: Interest for each ca…
  • Nord v. Fla. Parole & Prob. Comm'n, 417 So. 2d 1176 (Fla. 1st DCA 1982)
    …, Postal Colony Co., Inc. v. Askew, 348 So. 2d 338 (Fla. 1st DCA 1977), affirmed 372 So. 2d 913 (Fla.1978). But, cf. Bowling v. Florida Department of Corrections, 389 So. 2d 1031 (Fla. 1st DCA 1980), and Douglas v. Florida Department of Corrections, 388 So. 2d 587 (Fla. 1st DCA 1980), in which this court dismissed inmate appeals because in each instance the inmate neglected a clear point of entry to a rule challenge pursuant to Section 120.56. As pointed out in the opinion on motion for rehearing and clarific…

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