STATE OF FLORIDA, PETITIONER,
v.
ZEBEDEE JOHNSON, JR., RESPONDENT
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The Florida Supreme Court held that a party should not face dismissal for filing an improper appellate remedy when a proper remedy was available, provided it was timely filed. The Court quashed the District Court's dismissal of the State's certiorari petition challenging a speedy trial discharge order and directed it to be treated as a notice of appeal.
The petition for writ of certiorari should not have been dismissed because Section 2(a), Article V of the Florida Constitution mandates that no cause shall be dismissed solely because an improper remedy has been sought when a proper remedy was available. The Court directed the District Court to treat the certiorari petition as a notice of appeal and review the merits of the speedy trial order.
[1] A court must adopt rules of procedure requiring that no cause be dismissed because an improper remedy has been sought.
[2] A court should entertain an appellate review or remedy which has merit in whatever form is proper, provided the relief sought was timely brought.
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Join FLexlaw to unlock all legal intelligence“a requirement that no cause shall be dismissed because an improper remedy has been sought”
The constitutional mandate that governs the disposition of this case, requiring courts not to dismiss based on procedural technicalities when substantive review is available.
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Join FLexlaw to unlock all legal intelligenceZebedee Johnson, Jr. was discharged by a Circuit Court pursuant to a speedy trial order. The State of Florida sought review by filing a petition for w…
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PER CURIAM.
We review by writ of conflict certiorari a final order or judgment of the District Court of Appeal, Third District, declining to review a speedy trial order of the Circuit Court discharging Zebedee Johnson, Jr., respondent herein, because the State of Florida, which sought the review, misconceived its remedy having sought a writ of certiorari to review the speedy trial order. The District Court concluded that any review of the speedy trial order should have been undertaken pursuant to a notice of appeal and accordingly dismissed the State’s petition for writ of certiorari. Its order was final and terminated the State’s effort to gain a review.
The petition for writ of certiorari was filed within 30 days after entry of the speedy trial order. We do not believe undue elaboration is necessary in rendering our decision in this case. Under Section 2(a), Article V, Florida Constitution, this Court is mandated to adopt rules of practice and procedure in all courts which shall include “a requirement that no cause shall be dismissed because an improper remedy has been sought.”
It is agreed that had notice of appeal been filed instead of petition for writ of certiorari, the authorizations in Section 924.07, F.S. would have allowed appellate review of the speedy trial order. It is our view the dismissal was improper and conflicts with the rationale of State ex rel. Scaldeferri v. Sandstrom (Fla.), 285 So. 2d 409, where we said in effect that we should entertain an appellate review or remedy which has merit “in whatever form is proper,” pursuant to the mandate of said Section 2(a), Article V of the Constitution. The salutary purpose of the constitutional provision is to insure that improper or misconceived remedies which have been sought will not justify dismissal of causes or reviews where a proper remedy or review procedure is available, provided the relief sought was timely brought.
We are unable from the record before us to proceed to the point of disposing finally the merits of the speedy trial order. We quash the dismissal of the State’s petition for writ of certiorari and direct the District Court to treat the petition as a notice of appeal and review the merits of the speedy trial order. It is so ordered.
ERVIN, BOYD, DEKLE and OVER-TON, JJ., concur. ADKINS, C. J, and McCAIN, J., dissent.
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The Bd. OF Cnty. Comm'rs OF Hillsborough Cnty. v. CASA Dev. Ltd., II, 332 So. 2d 651 (Fla. 2d DCA 1976)…requested franchises. We believe our determination to remand is consistent with the constitutional mandate that no cause should be dismissed because an improper remedy has been sought. Fla. Const, art. V, § 2 (1968). See State v. Johnson, Fla.1974, 306 So. 2d 102. HOBSON, Acting C. J., and BOARD-MAN, J., concur.…
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Thellie S. Roper v. Roper, 336 So. 2d 654 (Fla. 4th DCA 1976)…sion is to insure that improper or misconceived remedies which have been sought will not justify dismissal of causes or reviews where a proper remedy or review procedure is available, provided the review sought was timely brought.” State v. Johnson, 306 So. 2d 102 (Fla.1974). The remedy sought in this case was -timely brought, has merit, and therefore should not be denied solely on the basis of an improvidently invoked remedy. In the action below both parties alleged that they were fit and proper to have th…1 / 2
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Berry v. The Honorable C. Archie Clement, 346 So. 2d 105 (Fla. 2d DCA 1977)…... a requirement that no cause shall be dismissed because an improper remedy has been sought,” and pursuant to that mandate, the Supreme Court has held that a cause which has merit is to be entertained in whatever form is proper. State v. Johnson, 306 So. 2d 102 (Fla.1974).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. William Scaldeferri v. Sandstrom, 285 So. 2d 409 (Fla. 1973)