VERONICA STIEGLITZ, PETITIONER,
v.
CITY COMMISSION, CITY OF SOUTH MIAMI, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A notice of appeal filed in the lower tribunal for a nonappealable order, even if timely, does not require filing in the appellate court within 30 days to grant jurisdiction for a writ of certiorari.
The Third District Court of Appeal certified a question regarding appellate jurisdiction for a timely filed notice of appeal concerning a nonappealabl…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Non-Appealable Order cases and more on FLexlaw
BARKETT, Justice.
We have for review Stieglitz v. City Commission, 525 So. 2d 438, 438 (Fla. 3d DCA 1988), in which the district court certified the following question to be of great public importance:1
When a party seeks appellate review of a nonappealable order, and assuming that the notice of appeal is timely filed in the lower tribunal, must the notice of appeal be filed in the appellate court within 30 days of rendition of the order in order for the appellate court to have jurisdiction to treat the notice as a petition for writ of certiorari?
We answer the certified question in the negative and quash the decision of the district court upon the basis of our opinion in Johnson v. Citizens State Bank, 537 So. 2d 96 (Fla.1989) (consolidated cases). We remand for further proceedings consistent with this opinion and with Johnson.
It is so ordered.
EHRLICH, C.J., and OVERTON, MCDONALD, SHAW, GRIMES and KOGAN, JJ., concur. . We have discretionary jurisdiction under article V, section 3(b)(4), Florida Constitution.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dep't of Health & Rehabilitative Servs. v. C.G., 556 So. 2d 1243 (Fla. 5th DCA 1990)…e district court so as to treat notice as petition for writ of certiorari). See also Jones v. Office of the Sheriff, 541 So. 2d 1149 (Fla.1989) (non-final appeal treated as petition for certiorari); Stieglitz v. City Commission, City of South Miami, 537 So. 2d 98 (Fla.1989) (non-final appeal treated as petition for certiora-ri). The instant petition is a “reverse Johnson case.” HRS filed its petition for writ of certiorari in this court, whereas the appropriate remedy was to file a timely notice of appeal in…
Authorities Cited
- R.S. Johnson v. Citizens State Bank, 537 So. 2d 96 (Fla. 1989)
- Stieglitz v. City Comm'n, 525 So. 2d 438 (Fla. 3d DCA 1988)