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ST. DEPT., H & R SERV. v. E.D.S. FED. CORPORATION

No. 92-4068.

622 So.2d 90 (1993)

STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Petitioner, v. E.D.S. FEDERAL CORPORATION, a foreign corporation, Respondent.

District Court of Appeal of Florida, First District.

July 22, 1993.

Attorney(s) appearing for the Case

F. Philip Blank and William D. Anderson, of Blank, Rigsby & Meenan, P.A., Tallahassee, for petitioner.

John Radey and David P. Healy, of Aurell, Radey, Hinkle, Thomas and Beranek, Tallahassee, for respondent.

PER CURIAM.

The issue presented in this case is whether a public body is entitled to an automatic stay when it seeks discretionary review in a district court of appeal. We find that the public body in this case is not entitled to the automatic stay provided by Florida Rule of Appellate Procedure 9.310(b)(2).

The Department of Health and Rehabilitative Services (HRS) filed in this court a petition for writ of certiorari and/or prohibition to review a nonfinal...

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