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

> District Court of Appeal of Florida · August 21, 2007 · 963 So. 2d 341

URL: https://www.frixlaw.com/law-library/cases/7789859

## Case

- **Full name:** Jimmy ALVAREZ, as Property Appraiser for Bradford County, Florida Teila N. Pearson as Tax Collector for Bradford County, Florida and James A. Zingale, as Executive Director of the Florida Department of Revenue v. WHISPERING OAKS HOUSING PARTNERS, II, LTD.
- **Court:** District Court of Appeal of Florida
- **Decided:** August 21, 2007
- **Citations:** 963 So. 2d 341; 2007 Fla. App. LEXIS 12944; 2007 WL 2362362
- **Precedential status:** Published
- **Opinion:** Dissent by Browning
- **Judges:** Benton, Browning, Kahn
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7789859

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7789859. Public record. Not legal advice.