TERRY EDWARD CAPPS AND THOMAS J. CANAZON, APPELLANTS,
v.
LINDA A. KEM AND JOHN T. KEM, APPELLEES
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PER CURIAM.
We issued a show cause order on the petition for review, by certiorari, filed by defendants in a personal injury action. Upon further consideration of the petition, the response, and petitioners’ reply, we conclude that the trial court’s interlocutory order sustaining respondents’ objection to petitioners’ request for examination under Rule 1.360, Florida Rules of Civil Procedure, neither departed from the essential requirements of law, nor amounted to a material injury for which an appellate remedy would be inadequate. See Pregony v. Custer, 558 So. 2d 114 (Fla. 4th DCA 1990) and Martin-Johnson v. Savage, 509 So. 2d 1097 (Fla.1987). Consequently, upon jurisdictional grounds, the petition for certiorari is denied. Esman v. Board of Regents, 425 So. 2d 156 (Fla. 1st DCA 1983).
JOANOS, WIGGINTON and ALLEN, JJ., concur.
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Johnson v. State, 573 So. 2d 1021 (Fla. 1st DCA 1991)…ntence. Appellant appealed the judgment and sentence. Pursuant to this court’s internal operating procedures the record, upon receipt, was reviewed to determine, among other things, whether the notice of appeal was timely filed. See Miller v. State, 564 So. 2d 259 (Fla. 1st DCA 1990). Since the timeliness of the notice of appeal is determined by the date of rendition of the order to be reviewed and the date of the filing of the notice of appeal, we reviewed the judgment and sentence to determine the date of r…
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Domberg v. State, 636 So. 2d 527 (Fla. 1st DCA 1994)…ing a notice of appeal is the existence of a written, signed judgment filed by the clerk for recording. Fla.R.App.P. 9.020(g); Williams v. State, 324 So. 2d 74, 76 (Fla.1975); Owens v. State, 579 So. 2d 311, 312 (Fla. 1st DCA 1991); Miller v. State, 564 So. 2d 259, 261 (Fla. 1st DCA 1990). That is, the time for appeal from a departure sentence “begins to run from the date the sentencing judgment is filed, not the written reasons.” State v. Lyles, 576 So. 2d 706, 708 (Fla.1991). This is because “[t]he sentence…
Authorities Cited
- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)
- Spike von Zamft v. Heller, 425 So. 2d 156 (Fla. 3d DCA 1983)
- Anthony Pregony and his wife v. Marni Allison Custer and Keith Custer, 558 So. 2d 114 (Fla. 4th DCA 1990)