Turlington v. Jacobson

District Court of Appeal of Florida

Turlington v. Jacobson

514 So. 2d 1113, 12 Fla. L. Weekly 2440, 1987 Fla. App. LEXIS 10690

CourtDistrict Court of Appeal of Florida

DecidedOctober 20, 1987

DocketNo. BP-307

StatusPublished

This text of 514 So. 2d 1113 (Turlington v. Jacobson) 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.

Bluebook

Turlington v. Jacobson, 514 So. 2d 1113, 12 Fla. L. Weekly 2440, 1987 Fla. App. LEXIS 10690 (Fla. Ct. App. 1987).

Pincite

Opinion

JOANOS, Judge.

The Commissioner of Education appeals a Department of Administrative Hearings order which denied the Commissioner’s request for assignment of a hearing officer for a formal administrative hearing pursuant to section 120.57(1), Florida Statutes. [1114]*1114The question to be determined m this appeal is whether section 120.52(ll)(d), Florida Statutes, which restricts prisoner access to Chapter 120 proceedings, should be construed as applying in every instance in which the party affected is a prisoner. This same issue was considered by this court in Department of Professional Regulation v. Yolman, 508 So.2d 468 (Fla. 1st DCA 1987), and the determination in that case is dispositive of the question. In Yol-man, this court held that “the limitation in section 120.52(11) does not apply when a person’s status as a prisoner is unconnected or irrelevant to the administrative proceeding involved.” 508 So.2d at 470.

Accordingly, the order appealed is reversed on the authority of Department of Professional Regulation v. Yolman, and the case is remanded for further proceedings consistent with this opinion.

SMITH, C.J., and WENTWORTH, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

JOANOS, Judge.

The Commissioner of Education appeals a Department of Administrative Hearings order which denied the Commissioner’s request for assignment of a hearing officer for a formal administrative hearing pursuant to section 120.57(1), Florida Statutes. [1114]*1114The question to be determined m this appeal is whether section 120.52(ll)(d), Florida Statutes, which restricts prisoner access to Chapter 120 proceedings, should be construed as applying in every instance in which the party affected is a prisoner. This same issue was considered by this court in Department of Professional Regulation v. Yolman, 508 So.2d 468 (Fla. 1st DCA 1987), and the determination in that case is dispositive of the question. In Yol-man, this court held that “the limitation in section 120.52(11) does not apply when a person’s status as a prisoner is unconnected or irrelevant to the administrative proceeding involved.” 508 So.2d at 470.

Accordingly, the order appealed is reversed on the authority of Department of Professional Regulation v. Yolman, and the case is remanded for further proceedings consistent with this opinion.

SMITH, C.J., and WENTWORTH, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

514 So. 2d 1113, 12 Fla. L. Weekly 2440, 1987 Fla. App. LEXIS 10690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turlington-v-jacobson-fladistctapp-1987.

Opinion

Related

Cite This Page — Counsel Stack