Legal Opinion

ABI Walton Insurance Co. v. State, Department of Management Services

District Court of Appeal of Florida

Decided September 8, 1994No. 93-2087PublishedCited by 2 opinions

1Opinion of the Court

ALLEN, Judge.

The appellant, ABI Walton Insurance Company (Walton), challenges an order of the appellee, the Department of Management Services (the department), denying Walton’s protest because of its failure to post a protest bond. Because we conclude that the requirement of section 287.042(2)(c), Florida Statutes (1992 Supp.), that a bond be posted at the time a formal written protest is filed is not jurisdictional, and that' the department was therefore required to give Walton notice and a reasonable opportunity to post the bond before denying the protest solely because of failure to post…

2Cases cited4 opinions

  1. Williams v. StateSupreme Court of Florida · 1975
  2. Austin v. Town of OviedoSupreme Court of Florida · 1957
  3. Berg v. New York Life InsuranceSupreme Court of Florida · 1955
  4. Fraternal Order of Eagles v. ProudfootSupreme Court of Florida · 1959

3Cited by2 opinions

  1. General Elec. v. Department of Transp.District Court of Appeal of Florida · 2004
  2. Prestige Printing AH Corp. v. State, Department of TransportationDistrict Court of Appeal of Florida · 1996

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