Krumm v. Department of Health

Full title: FRANK J. KRUMM, M.D., Petitioner v. DEPARTMENT OF HEALTH, Respondent

Court: District Court of Appeal of Florida, First District

Date published: Aug 22, 2000

764 So. 2d 929 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D00-2399.

Opinion filed August 22, 2000.

Petition for Review of Nonfinal Agency Action — Original Jurisdiction.

Joseph H. Lowe of Stephens, Lynn Klein, Miami, for petitioner.

Simone Marstiller, Senior Attorney-Appeals, Agency for Health Care Administration, Tallahassee, for respondent.

PER CURIAM.

Frank J. Krumm, M.D. petitions this court for review of an order of the Florida Department of Health which suspended his license to practice medicine on an emergency basis. Dr. Krumm correctly asserts that such orders are reviewable pursuant to section 120.68(1), Florida Statutes. See Cunningham v. Agency for Health Care Administration, 677 So.2d 61 (Fla. 1st DCA 1996). A petition for review in this circumstance must be filed within 30days of rendition of the order sought to be reviewed. Fla.R.App.P. 9.100(c)(3). The instant petition was filed 33 days after rendition of the order of emergency suspension. Our jurisdiction was not timely invoked and accordingly this petition is dismissed for lack of jurisdiction.

DISMISSED.

KAHN, WEBSTER and VAN NORTWICK, JJ., concur.