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HUMPHREYS v. MORIARTY

No. 95-0339.

655 So.2d 1169 (1995)

Joan HUMPHREYS, Petitioner, v. The Hon. W. Herbert MORIARTY, Etc., et al., Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 26, 1995.

Attorney(s) appearing for the Case

H. Mark Purdy of Purdy & Flynn, P.A., Fort Lauderdale, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sylvie Perez Posner, Asst. Atty. Gen., Hollywood, for respondent — The Honorable W. Herbert Moriarty.

Kenneth E. Zeilberger of Law Offices of Kaye & Roger, P.A., Fort Lauderdale, for respondent — Silver Thatch Atlantic Plaza Condominium Ass'n, Inc.

PER CURIAM.

The petition for writ of prohibition is denied.

POLEN and SHAHOOD, JJ., concur.

WARNER, J., dissents with opinion.

WARNER, Judge, dissenting with opinion.

I would hold that the timeliness of the filing of this complaint for trial de novo under section 718.1255, Florida Statutes (1993), is governed by the Florida Administrative Code, Rule 61B-45.020 (1993)1, and that under the administrative rules...

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