Hunter v. Fla. Dept. of Corrections

Full title: JOHNNY HUNTER, APPELLANT, v. FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Dec 9, 1980

390 So. 2d 1227 (Fla. Dist. Ct. App. 1980)

Opinion

No. UU-487.

December 9, 1980.

Appeal from the Department of Corrections.

Richard A. Belz, Florida Institutional Legal Services, Inc., Gainesville, for appellant.

Jim Smith, Atty. Gen., Bruce Barkett, Asst. Atty. Gen., Tallahassee, for appellee.

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.