NATIONAL ASSOCIATION OF OPTOMETRISTS AND OPTICIANS, APPELLANTS,
v.
THE FLORIDA DEPARTMENT OF HEALTH, FLORIDA BOARD OF OPTOMETRY, APPELLEE
NATIONAL ASSOCIATION OF OPTOMETRISTS AND OPTICIANS, APPELLANTS,
THE FLORIDA DEPARTMENT OF HEALTH, FLORIDA BOARD OF OPTOMETRY, APPELLEE
893 So. 2d 608
Florida District Court of Appeal, First District (2005)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The order denying appellant’s motion to intervene is reversed, the final order granting declaratory statement is vacated, and the case is remanded with instructions to allow appellant to intervene and for further proceedings to readdress the declaratory statement. See NAACP, Inc. v. Florida Bd. of Regents, 863 So. 2d 294 (Fla. 2003); Florida Optometric Ass’n v. Dep’t of Profl Regulation, Bd. of Opticianry, 567 So. 2d 928 (Fla. 1st DCA 1990).
WOLF, C.J., KAHN and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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PPI, Inc. v. Fla. Dep't OF Bus. & Prof'l Reg., 917 So. 2d 1020 (Fla. 1st DCA 2006)…e the right to file a motion to intervene in the declaratory statement action, make their arguments for lack of jurisdiction and if unsuccessful, raise the issue on appeal. See National Ass’n of Optometrists and Opticians v. Florida Dep’t of Health, 893 So. 2d 608 (Fla. 1st DCA 2005). Although prohibition will lie to prevent an inferior tribunal from acting in excess of jurisdiction, it generally will not lie to prevent an erroneous exercise of jurisdiction. See English v. McCrary, 348 So. 2d 293 (Fla.1977) (…
Authorities Cited
- Fla. Optometric Ass'n & Alan P. Fisher v. Dep't OF Prof'l Reg., 567 So. 2d 928 (Fla. 1st DCA 1990)
- NAACP, Inc. v. Fla. Bd. OF Regents, 863 So. 2d 294 (Fla. 2003)