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BIO-MEDICAL APPLICATIONS OF FLORIDA, INC., d/b/a NW Broward Artificial Kidney Center
v.
Irwin KROLL and Jaime Villegas
v.
Irwin KROLL and Jaime Villegas
No. 97-3088.
District Court of Appeal of Florida, Fourth District.
Dec 10, 1997.
James C. Polkmghorn and Suzanne K. Bogdan of Fisher & Phillips, Fort Lauder-dale, for petitioner., No response required for respondents.
Polen, Shahood, Warner.
Published
Lead Opinion
PER CURIAM.
The petition for writ of certiorari is dismissed.
POLEN and SHAHOOD, JJ„ concur. WARNER, J., concurs specially.Concurrence
WARNER, Judge,
concurring specially.
I would deny the petition, rather than dismiss it. I believe that an order denying a motion to dismiss a whistle blower’s complaint for retaliatory firing based on the employee’s failure to give the notice required in section 448.103(1)(e), Florida Statutes (1995), prior to filing suit may be addressed by certiorari review. Cf. Parkway Bank v. Fort Myers Armature Works, Inc., 658 So.2d 646, 649 (Fla. 2d DCA 1995).