WILHELM HACKENBERG AND INGRID HACKENBERG, APPELLANTS,
v.
ARTESIAN POOLS OF EAST FLORIDA, INC., APPELLEE
WILHELM HACKENBERG AND INGRID HACKENBERG, APPELLANTS,
ARTESIAN POOLS OF EAST FLORIDA, INC., APPELLEE
440 So. 2d 475
Florida District Court of Appeal, Fifth District (1983)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
„ This is an appeal from an appeal to the circuit court after judgment in the county court. Of course, there is no such appeal. We treat the notice of appeal as a petition for writ of certiorari and deny it. Further, we grant appellee’s motion for attorney fees under Section 57.105, Florida Statutes (1981) and remand the matter to the circuit court to hold a hearing to take evidence and assess a reasonable amount for those fees.
It is so ordered.
DAUKSCH, COBB and FRANK D. UP-CHURCH, Jr., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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R.S. Johnson v. Citizens State Bank, 537 So. 2d 96 (Fla. 1989)…(Fla. 2d DCA 1984); Sunshine Dodge, Inc. v. Ketchem, 445 So. 2d 395, 396 (Fla. 5th DCA 1984); Wingate v. Department of Highway Safety and Motor Vehicles, 442 So. 2d 1023, 1024 (Fla. 5th DCA 1983); Hackenberg v. Artesian Pools of East Florida, Inc., 440 So. 2d 475 (Fla. 5th DCA 1983); Radio Communications Corp. v. Oki Electronics of America, Inc., 277 So. 2d 289, 290 (Fla. 4th DCA 1973).2 Indeed, a district court shall not dismiss a timely filed notice of appeal, if upon consideration, the court concludes tha…
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R.S. Johnson v. Citizens State Bank, 518 So. 2d 410 (Fla. 1st DCA 1988)…r writ of certiorari. Such a petition is the proper vehicle for review of a circuit court appellate order, Combs v. State, 436 So. 2d 93 (Fla.1983), and there is authority for the procedure requested by appellant, Hackenberg v. Artesian Pools, Inc., 440 So. 2d 475 (Fla. 5th DCA 1983). Before determining whether the petition, if so construed, demonstrated a preliminary- basis for relief, this court sua sponte raised the issue of the timeliness of the petition. The notice of appeal was filed with the clerk of…