Department of Health v. Curry

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• outlining the basis for the exception, providing that when “an agency acts without the benefit of any rule, and in a manner clearly in excess of its statutory authorization, the action is invalid....”
• noting the potential for “danger” of giving the Department of Health “the authority to determine the bona fides of such objections would pose to the free exercise of religion guaranteed by both the federal and state constitutions”
• the doctrine of exhaustion of administrative remedies is not jurisdictional, but is based upon considerations of policy
• “The doctrine which requires the exhaustion of administrative remedies is based upon considerations of policy, rather than of jurisdiction.”
• “The doctrine which requires the exhaustion of administrative remedies is based upon considerations of policy, rather than of jurisdiction.”
• “The doctrine which requires the exhaustion of administrative remedies is based upon considerations of policy, rather than of jurisdiction.” (citing Brock, 576 So. 2d 848)

Source: CourtListener parenthetical corpus (CC0).