JOHNNY OVERSTREET, PETITIONER,
v.
WENDELL DAVIS, D/B/A TRIANGLE MOVING & STORAGE AND THE FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
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The Florida Supreme Court granted a motion to dismiss a petition for certiorari because it was filed 37 days after the compensation order was rendered, exceeding the 30-day limit established by a recent amendment to the appellate rules. The court clarified that the amended rules applied to orders rendered after September 30, 1968.
No, the petition for certiorari was not filed within the prescribed time. The amended appellate rules, requiring filing within 30 days, applied to the order in question, making the filing 37 days later untimely.
“On September 20, 1968, the appellate rules were amended to require the filing of notices of appeal and petitions for certiorari within thirty (30) days from the date of rendition of the order submitted for review.”
Establishes the relevant rule change and its effective date.
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Join FLexlaw to unlock all legal intelligenceA compensation order was rendered by the Florida Industrial Commission on December 3, 1968. The petitioner filed a petition for certiorari in the Flor…
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We have heard argument on respondent’s motion to dismiss the petition because it was filed too late.
The compensation order submitted for review was rendered by the Florida Industrial Commission on December 3, 1968. Petition for certiorari was filed in this Court January 9, 1969, thirty-seven (37) days after rendition of the subject order.
On September 20, 1968, the appellate rules were amended to require the filing of notices of appeal and petitions for cer-tiorari within thirty (30) days from the date of rendition of the order submitted for review. In re Florida Appellate Rules, 211 So.2d 198, 201 (Fla. 1968). The cited order specifically amended Fla.App. Rule 4.3, 32 F.S.A., governing appeals, and Fla. App. Rule 4.5, subd. c(l), governing cer-tiorari. The cited order also clearly announced that it would govern orders rendered after September 30, 1968. Orders rendered on that date and prior thereto remained subject to the rules theretofore in effect. Consequently, the subject order rendered on December 3, 1968, was governed by the amended rule limiting the *35appeal period to thirty (30) days. Hence, when it was filed on January 9, 1969, it was filed too late and must be dismissed.
The motion to dismiss is granted.
It is so ordered.
ERVIN, C. J., and ROBERTS, DREW, THORNAL and CARLTON, JJ., concur.
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Pressley v. Louie L. Wainwright, 367 So. 2d 222 (Fla. 1979)…Fla.1969); Crawford v. Wainwright, 222 So. 2d 188 (Fla.1969); Elliott v. Goodwill Industries, 220 So. 2d 902 (Fla.1969); Walsh v. Marsh, 220 So. 2d 897 (Fla.1969); Dave’s Auto Parts v. Westberry, 220 So. 2d 364, 365 (Fla. 1969); Overstreet v. Davis, 219 So. 2d 34, 34-35 (Fla.1969); Russom v. State, 109 So. 2d 30, 31-32 (Fla. 1959); Central Truck Lines, Inc. v. Boyd, 106 So. 2d 547, 549 (Fla.1958); Columbia Cas. Co. v. McFee, 81 So. 2d 631, 632 (Fla. 1955); Wieczorek v. Williams, 71 So. 2d 262 (Fla.1954); Atl…
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GOW v. Cnty. OF Dade, 371 So. 2d 493 (Fla. 3d DCA 1979)…rtiorari. See Code of Metropolitan Dade County, Florida Section 2-47 (1978). Appellant’s failure to file his petition within the time period prescribed deprived the circuit court of jurisdiction to review his order of dismissal. Overstreet v. Davis, 219 So. 2d 34 (Fla.1969); Lazenby v. Seaboard Life Ins. Co., 224 So. 2d 288 (Fla.1969); State of Florida, Department of Highway Safety and Motor Vehicles v. Joannou, 353 So. 2d 164 (Fla.3d DCA 1977), cert. dismissed, 355 So. 2d 515 (Fla.1978); State Department of…
Authorities Cited
- In re Florida Rules of Civil Procedure, 211 So. 2d 174 (Fla. 1968)