IN THE INTEREST OF D. A. W., A CHILD
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The court held that the ten-day notice of appeal period for juvenile court cases under F.S. § 39.14(2) supersedes the general sixty-day period provided by F.S. § 59.08.
The court reviewed a petition for a writ of certiorari concerning the timeliness of an appeal from a juvenile court decision. The petitioner argued th…
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By petition for writ of certiorari we have been asked to review the decision of the District Court of Appeal, Fourth District, in In The Interest of: D.A.W., a child, 186 So.2d 786. The petition reflected apparent jurisdiction in this Court and we issued the writ and have heard oral argument of the parties. After hearing argument and upon further consideration of the matter, we have determined that the cited decisions present no direct conflict as re*434■quired by Article V, Section 4, Florida ■Constitution, F.S.A. This is so because the ■statute in question, F.S. § 39.14(2) F.S.A., which controls the notice of appeal in juvenile court cases, was enacted by the Legislatur'e with knowledge of existing provisions of the general appeal statute, F.S. § 59.08; F.S.A. By enacting § 39.14(2), the Legislature manifested its intent that appeals from juvenile courts should be taken within ten days, rather than the sixty ■days provided by F.S. § 59.08, F.S.A.
We also find Petitioner’s contention that Rule 3.2, subd. b of the Florida Appellate Rules, 31 F.S.A. provides the applicable time for taking an appeal from orders of the juvenile courts without merit. This rule provides appeals shall be commenced within sixty days from rendition of the final decision, etc., appealed from “unless some other period of time for taking an appeal is specifically provided by statute”. F.S. Section 39.14(2), F.S.A., specifically provides a shorter period of ten days for juvenile court appeals.
The case of A. N. E. v. State, Fla.App., 167 So.2d 769, relied upon for conflict, cannot be used as authority for the instant situation inasmuch as the statutory section involved therein was § 39.14(8), which was declared to be superseded because of conflict with said appellate rules, and not § 39.14(2), as herein.
Therefore, the writ must be and is hereby discharged and the petition for writ of cer-tiorari is dismissed.
It is so ordered.
THORNAL, C. J., and THOMAS, ROBERTS, DREW, O’CONNELL, CALDWELL and ERVIN, JJ., concur.
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In the Interest of D. A. W., 240 So. 2d 524 (Fla. 4th DCA 1970)…nal feelings for the appellants, and we have read the briefs and original proceedings. As shown by In the Interest of D.A.W., Fla.App.1965, 178 So. 2d 745; In the Interest of D.A.W., Fla.App.1966, 186 So. 2d 786; In the Interest of D.A.W., Fla.1967, 193 So. 2d 433; Woods v. State Department of Public Welfare, Fla.1967, 201 So. 2d 562, this case has been in the courts many years. Although the appellants have cited many reasons for reversal, the main issue in this case is, does the juvenile court lose jurisdic…
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State of Fla. ex rel. Gayle Rae (Brown) Marden v. Honorable Dixie Herlong Chastain, 197 So. 2d 561 (Fla. 3d DCA 1967)…itutional right to appeal from a final order of the Juvenile and Domestic Relations Court (within .a time certain) is governed by jurisdictional time limitations. See: Section 39.14, Florida Statutes, F.S.A. See also In Interest of D.A.W., Fla.1967, 193 So. 2d 433; In Interest of Evans, Fla.App.1960, 116 So. 2d 783. For the reasons stated, the rule nisi in-prohibition is hereby discharged and the suggestion for writ of prohibition be and: the same is hereby denied. It is so ordered. . In re Rouse, Fla.1953…
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