ANTHONY PARKS, PETITIONER,
v.
CITIZENS PROPERTY INSURANCE COMPANY, RESPONDENT

Fla. 3d DCA | 2010-01-20
No. 3D09-2590
Before RAMIREZ, C.J., and ROTHENBERG, J„ and SCHWARTZ, Senior Judge.
27 So. 3d 710 Florida District Court of Appeal, Third District (2010)

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Holding

The court held that certiorari review cannot be used to circumvent mandatory time limits for filing appeals.


Facts & Procedural History

Petitioner sought certiorari review of an order awarding fees to a court-appointed umpire. A prior appeal of a related order was dismissed as untimely…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Anthony Parks petitions this Court for a writ of certiorari seeking review of an order awarding fees to a court-appointed umpire. We deny the petition.

The trial court entered the order under review on October 6, 2008. Parks previously filed an appeal, or in the alternative, a petition for writ of certiorari of a November 4, 2008 order in which the trial court denied Parks’ motion to set aside an order that granted the umpire’s Motion to Protect Special Master/Umpire’s Fee and Creation of Lien on October 6, 2008.1 On June 10, 2009, this Court dismissed that appeal as untimely. Parks subsequently moved for rehearing to convert the case to a petition for writ of certiorari and for clarification. He later withdrew the motion.

Parks now petitions this Court for cer-tiorari review of the October 6, 2008 order. We note that certiorari review indeed lies to review final orders such as the order now before us, as provided for in rule 9.030(b)(2)(B), Florida Rules of Appellate Procedure. Certiorari review, however, cannot be used to circumvent the Florida Rules of Appellate Procedure that mandate compliance with the time period limitations imposed for the filing of notices of appeal. See Fla. R.App. P. 9.110(b).

Petition denied.


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