H.W. JONES, PETITIONER,
v.
OFFICE OF THE SHERIFF, RESPONDENT
H.W. JONES, PETITIONER,
OFFICE OF THE SHERIFF, RESPONDENT
541 So. 2d 1149
Florida Supreme Court (1989)
Positive Treatment
Cited by 1 case
Topics
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Opinion of the Court
BARKETT, Justice.
We have for review Jones v. Office of the Sheriff, 532 So. 2d 742, 743 (Fla. 1st DCA 1988), in which the district court certified the following question to be of great public importance:
When a party seeks appellate review of a nonappealable order, and assuming 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 have discretionary jurisdiction. Art. Y, § 3(b)(4), Fla. Const. We answer the certified question in the negative, quash the decision of the district court on the authority of Johnson v. Citizens State Bank, 537 So. 2d 96 (Fla.1989), and remand for proceedings consistent herewith.
It is so ordered.
EHRLICH, C.J., and OVERTON, MCDONALD, SHAW, GRIMES and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dep't of Health & Rehabilitative Servs. v. C.G., 556 So. 2d 1243 (Fla. 5th DCA 1990)…7 So. 2d 96 (Fla.1989) (timely filing of a notice of appeal with the circuit court clerk legally effective to vest jurisdiction in the 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.” H…
Authorities Cited
- R.S. Johnson v. Citizens State Bank, 537 So. 2d 96 (Fla. 1989)
- H.W. Jones v. Off. OF THE Sheriff, 532 So. 2d 742 (Fla. 1st DCA 1988)