JOHNNY HUNTER, APPELLANT,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE

Fla. 1st DCA | 1980-12-09
No. UU-487
ROBERT P. SMITH, Jr., BOOTH and SHAW, JJ., concur.
390 So. 2d 1227 Florida District Court of Appeal, First District (1980)


Opinion of the Court
PER CURIAM.

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.


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