THE CITY OF BELLE GLADE, FLORIDA, PETITIONER,
v.
CLAUDE BLACKMAN, JR., RESPONDENT
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The City of Belle Glade petitioned for a writ of certiorari to challenge a circuit court's denial of its motion to dismiss an untimely appeal from a municipal court conviction. The court held that appeals from municipal courts must be filed within 30 days under state statute, not 90 days under appellate rules, and that the statute governs appeal deadlines despite conflicts with rules.
Section 932.52, F.S.1967, governs appeal deadlines from municipal courts, requiring appeals to be filed within 30 days of judgment. When a conflict exists between a statute and Florida Appellate Rules, the statute prevails on matters relating to the time within which an appeal must be taken, as such determination is a legislative rather than judicial function. The circuit court did not acquire appellate jurisdiction when the appeal was filed 64 days after judgment.
“Where there is a conflict between a statute and the Florida Appellate Rules, the rules prevail on matters relating to practice and procedure, but the statute prevails as to the time within which an appeal must be taken, the determination of such being properly a legislative rather than a judicial function.”
Establishes the fundamental rule that statutes control appeal deadlines despite potential conflicts with procedural rules.
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Join FLexlaw to unlock all legal intelligenceRespondent Blackman was convicted in the City Court of Belle Glade of violating a municipal ordinance. Sixty-four days later, on July 12, 1967, Blackm…
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Respondent was convicted in the City Court of the City of Belle Glade, Florida, of violation of a municipal ordinance, and 64 days later, on July 12, 1967, respondent filed his notice of appeal, seeking to appeal such judgment to the Circuit Court of Palm Beach County. The city filed its motion in the circuit court to dismiss the appeal as untimely. The circuit court denied such motion, whereupon the city filed with this court its petition, for writ of cer-tiorari to the circuit court.
The issue is whether, at the time this appeal was filed, appeals from municipal courts to the circuit court were required to be filed within 30 days from the rendition of the judgment as prescribed by Section 932.52(2), F.S.1967, F.S.A., or could be filed within 90 days from the rendition of the judgment as permitted by rules 6.1 and 6.2, F.A.R., 1962 Rev., 32 F.S.A.1
Where there is a conflict between a statute and the Florida Appellate Rules, the rules prevail on matters relating to practice and procedure,2 but the statute prevails as to the time within which an appeal must be taken, the determination of such being properly a legislative rather than a judicial function.3 Section 932.52, F.S.1967, F.S.A., governed the appeal in this case,4 and the same not having been filed within 30 days from the rendition of the judgment, the circuit court did not acquire appellate jurisdiction.
The petition for writ of certiorari is granted, the order of the circuit court denying the motion to dismiss respondent’s appeal is quashed, and this cause remanded with directions that an order be entered dismissing repondent’s appeal.
CROSS and REED, JJ., concur.
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- In re Est. of George H. Wartman v. Wartman, 128 So. 2d 600 (Fla. 1961)
- Harrison Reed and Catherine Harriet Reed v. Mendel Cromer, 86 Fla. 390 (Fla. 1923)
- State of Fla. ex rel. A. L. Moore & wife v. Honorable John A. H. Murphree, 106 So. 2d 430 (Fla. 1st DCA 1958)
- Cnty. OF Dade v. Saffan, 173 So. 2d 138 (Fla. 1965)
- Clark v. City OF Orlando, 109 So. 2d 416 (Fla. 2d DCA 1959)
- Neely v. City OF ST. Augustine, 170 So. 2d 291 (Fla. 1964)