Hunter v. Florida Department of Corrections

District Court of Appeal of Florida

Hunter v. Florida Department of Corrections

390 So. 2d 1227, 1980 Fla. App. LEXIS 18187

CourtDistrict Court of Appeal of Florida

DecidedDecember 9, 1980

DocketNo. UU-487

StatusPublished

This text of 390 So. 2d 1227 (Hunter v. Florida Department of Corrections) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hunter v. Florida Department of Corrections, 390 So. 2d 1227, 1980 Fla. App. LEXIS 18187 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

We dismiss this appeal since the appellant has neglected a clear point of entry to § 120.56 proceedings by filing a rule challenge before the Division of Administrative Hearings as required by § 120.-56(2), Florida Statutes (1979). As an inmate of a Florida correctional institute, the appellant is denied party standing for a § 120.57 proceeding. See Section 120.-52(10)(d), Florida Statutes (1979). However, this appeal is dismissed without prejudice to appellant’s right to initiate an administrative rule challenge proceeding under § 120.56. See Bowling v. Florida Department of Corrections, 389 So.2d 1031, rehearing denied with opinion, Case No. 00-468 (Fla. 1st DCA, November 7, 1980); Douglas v. Florida Department of Corrections, 388 So.2d 587, Case No. 00-426 (Fla. 1st DCA, August 26, 1980).

DISMISSED.

ROBERT P. SMITH, Jr., BOOTH and SHAW, JJ., concur.

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PER CURIAM.

We dismiss this appeal since the appellant has neglected a clear point of entry to § 120.56 proceedings by filing a rule challenge before the Division of Administrative Hearings as required by § 120.-56(2), Florida Statutes (1979). As an inmate of a Florida correctional institute, the appellant is denied party standing for a § 120.57 proceeding. See Section 120.-52(10)(d), Florida Statutes (1979). However, this appeal is dismissed without prejudice to appellant’s right to initiate an administrative rule challenge proceeding under § 120.56. See Bowling v. Florida Department of Corrections, 389 So.2d 1031, rehearing denied with opinion, Case No. 00-468 (Fla. 1st DCA, November 7, 1980); Douglas v. Florida Department of Corrections, 388 So.2d 587, Case No. 00-426 (Fla. 1st DCA, August 26, 1980).

DISMISSED.

ROBERT P. SMITH, Jr., BOOTH and SHAW, JJ., concur.

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390 So. 2d 1227, 1980 Fla. App. LEXIS 18187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-florida-department-of-corrections-fladistctapp-1980.

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