Opinion

Alvarez v. Whispering Oaks Housing Partners, II, Ltd.

  • 963 So. 2d 341
  • 2007 Fla. App. LEXIS 12944
  • 2007 WL 2362362
Court
District Court of Appeal of Florida
Filed
Aug 21, 2007
Status
Published
Author
Browning
On the bench
Benton, Browning, Kahn
Cited by
0 cases
Authority
More cited than 1.1%

The opinion

BROWNING, C.J.,

dissents.

I dissent. It is illogical and contrary to the requirement that a litigant exhaust his or her administrative remedies before seeking a court remedy to construe the statute so that the time for filing a complaint in circuit court begins to run before the administrative challenge has concluded by issuance of a written order by the VAB. I would deny the petition for writ of prohibition and certify conflict with Wal-Mart Stores, Inc. v. Day, 742 So.2d 408 (Fla. 5th DCA 1999).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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