DAVID PAUL, APPELLANT,
v.
CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, AND JOSEPH Z. FLEMING, APPELLEES

Fla. 3d DCA | 1988-02-16
No. 88-217
Before SCHWARTZ, C.J., and HENDRY and NESBITT, JJ.
519 So. 2d 1150 Florida District Court of Appeal, Third District (1988) Caution
Cited by 10 cases
Topics
Appellate Courts Writ Of Certiorari Appellate Jurisdiction Jurisdiction

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Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

The operative facts and controlling issue in this case are identical to those in Johnson v. Citizens State Bank, 518 So. 2d 410 (Fla. 1st DCA 1988). For the reasons stated in Johnson, we follow that decision in holding that an improvidently taken appeal from a judgment of the circuit court sitting in its review capacity may not be effectively treated as an appropriate petition for writ of certiorari when the notice of appeal is not transmitted to the appellate court— where certiorari must be initiated — within thirty days of the rendition of the lower court order sought to be reviewed. In sum, the appeal does not lie; if considered as a petition for certiorari, it is untimely. Since that is what occurred in the instant case, the motion to dismiss must be granted. We certify to the supreme court the question stated in Johnson.

Appeal dismissed, question certified.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Spector v. Trans World Airlines, Inc., 523 So. 2d 704 (Fla. 4th DCA 1988)
    …PER CURIAM. The appellee’s motion to dismiss is granted. See Johnson v. Citizens State Bank, 518 So. 2d 410 (Fla. 1st DCA 1988); Paul v. City of Miami Beach, 519 So. 2d 1150 (Fla. 3d DCA 1988). We certify to the Florida Supreme Court the same issue presented in those cases: WHEN A PARTY SEEKS APPELLATE REVIEW OF A NON-APPEALABLE ORDER, AND ASSUMING THAT THE NOTICE OF APPEAL IS TIMELY FILED IN THE LOWER TRIBUNAL, MUST…
  • Stieglitz v. City Comm'n, 525 So. 2d 438 (Fla. 3d DCA 1988)
    …PER CURIAM. The respondent’s motion to dismiss is granted on the authority of Gelinas v. City of South Miami, 522 So. 2d 104 (Fla. 3d DCA 1988); Paul v. City of Miami Beach, 519 So. 2d 1150 (Fla. 3d DCA 1988); Johnson v. Citizens State Bank, 518 So. 2d 410 (Fla. 1st DCA 1988). As we did in Gelinas and Paul, we certify the question presented: WHEN A PARTY SEEKS APPELLATE REVIEW OF A NON-APPEALABLE ORDER, AND ASSUMING THAT THE NOTICE O…
  • Gelinas v. City OF S. Miami, 522 So. 2d 104 (Fla. 3d DCA 1988)
    …PER CURIAM. The respondent’s renewed motion to dismiss is granted on the authority of Paul v. City of Miami Beach, 519 So. 2d 1150 (Fla. 3d DCA 1988); Johnson v. Citizens State Bank, 518 So. 2d 410 (Fla. 1st DCA 1988). As in both cases we certify the question presented: WHEN A PARTY SEEKS APPELLATE REVIEW OF A NON-APPEALABLE ORDER, AND ASSUMING THAT THE NOTICE OF APPEAL IS TI…

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