relying on new regulations as "Department of Agriculture's own statement" which "should be given great weight in determining the proper interpretation to be given to the provisions of 7 C.F.R. § 271.3(c)(1)(ii)(e);" the AFDC retroactive nonrecurring lump-sum AFDC payment was received in October 1977 "for benefits which should have been made under the AFDC program from January 1977;" concurring opinion specifically notes and declines to follow the Lewis result
How later courts described this case
- relying on new regulations as "Department of Agriculture's own statement" which "should be given great weight in determining the proper interpretation to be given to the provisions of 7 C.F.R. § 271.3(c)(1)(ii)(e);" the AFDC retroactive nonrecurring lump-sum AFDC payment was received in October 1977 "for benefits which should have been made under the AFDC program from January 1977;" concurring opinion specifically notes and declines to follow the Lewis result
Written by the judges who cited it.
The opinion
ANSTEAD, HARRY LEE, Associate Judge,
concurring specially.
I concur in the opinion of the majority. Previously, the same issue involved on appeal herein was resolved to the contrary in the case of Lewis v. State Department of Health and Rehabilitative Services, Division of Social and Economic Services, 366 So.2d 904 (Fla.4th DCA 1979). However, this case is pending in the Fifth District Court of Appeal and hence Lewis, supra, is not controlling. I also note that the proposed Department of Agriculture rules referred to on Page 266 of Judge Cross’ opinion became effective on October 17, 1978. 7 C.F.R. 272.1(g).