JAMES ZELLER (EMPLOYEE), PETITIONER,
v.
INDUSTRIAL RESEARCH, INC. (EMPLOYER), MANUFACTURERS CASUALTY INSURANCE CO. (CARRIER), AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
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An employee filed a petition for certiorari to review a workers' compensation order one day late because the deadline fell on a Sunday. The Florida Supreme Court held that the Carlile rule extending appeal deadlines when the deadline falls on Sunday applies equally to certiorari petitions in workers' compensation cases.
The motion to dismiss should be denied. The Carlile rule extending appeal deadlines when the deadline falls on Sunday applies to certiorari petitions reviewing workers' compensation orders, and therefore a petition filed on Monday, January 10, 1955, is timely even though the sixtieth day fell on Sunday, January 9, 1955.
“If the rule enunciated in Carlile v. Spofford, supra, is to remain the rule of this Court respecting the time within which an appeal may be taken from a final judgment or decree, we can think of no sound reason why the rule should not be extended so as to apply to constitutional certiorari proceedings to review compensation orders under the Workmen's Compensation Law”
The Court's central reasoning for applying the Sunday deadline extension rule to workers' compensation certiorari petitions.
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Join FLexlaw to unlock all legal intelligenceJames Zeller, an employee, filed a petition for certiorari to review an order from the full commission in a workers' compensation proceeding. The sixt…
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SEBRING, Justice.
The petitioner, an employee, filed a petition for certiorari in this Court to review an order of the full commission in a workmen’s compensation proceeding. The employer moved to dismiss the proceeding on the ground that the petition was not filed “within sixty days from the date the order sought to be reviewed was entered.” See Wilson v. McCoy Manufacturing Co., Fla., 69 So. 2d 659.
As appears from the record, the sixtieth day after the entry of the order sought to be reviewed was Sunday, January 9, 1955. The petitioner filed his petition on Monday, January 10, 1955. In Carlile v. Spofford, Fla., 65 So. 2d 545, this Court held, with Justices Thomas and Sebring dissenting, that where the sixtieth day after the entry of a final decree happened to fall on a Sunday, a notice of appeal which was filed the following Monday was sufficient to vest this Court with jurisdiction to review the final decree appealed from.
If the rule enunciated in Carlile v. Spof-ford, supra, is to remain the rule of this Court respecting the time within which an appeal may be taken from a final judgment or decree, we can think of no sound reason why the rule should not be extended so as to apply to constitutional certiorari proceedings to review compensation orders under the Workmen’s Compensation Law, F. S.A. § 440.01 et seq.
Accordingly, the motion to dismiss the petition for certiorari on the ground that it was filed on the sixty-first day from the date the order sought to be reviewed was entered, instead of on the sixtieth day, which fell on a Sunday, should be denied.
It is so ordered.
MATHEWS, C. J., and TERRELL and HOBSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gerrald W. Finley v. State, 168 So. 2d 201 (Fla. 2d DCA 1964)…rts are powerless to exercise jurisdiction in the absence of the filing of such a notice of appeal within the time and manner prescribed by the rules. Counne v. Saffan, Fla.1956, 87 So. 2d 586, 587. In Zeller v. Industrial Research, Inc., Fla.1955, 77 So. 2d 616, the Supreme Court applied the “Sunday Rule” to constitutional certiorari proceedings. Rule 3.18 F.A.R. was implicitly applied in Blount v. Hansen, Fla.1961, 133 So. 2d 73. There the notice of appeal was filed on the 6lst day, the 60th day having fa…
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State v. In the Interest of J. A., JR., 367 So. 2d 702 (Fla. 2d DCA 1979)…it merely defines the manner in which the statutory time is to be computed.” Accord, Carlile v. Spofford, 65 So. 2d 545 (Fla.1953); Mick v. Florida State Bd. of Dentistry, 338 So. 2d 1297 (Fla. 1st DCA 1976); cf. Zeller v. Industrial Research, Inc., 77 So. 2d 616 (Fla.1955). If a rule pertaining to the computation of time can be declared procedural so as to permit appellate jurisdiction to be [*704] invoked by the filing of an appeal beyond the number of days specified by statute, then it is logical to assum…
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Columbia Cas. Co. v. McFEE, 81 So. 2d 631 (Fla. 1955)…e that the petition should be dismissed, because the sixtieth day fell on Saturday. If the sixtieth day had fallen on Sunday, the petition would have been timely filed under the holding of this court in Zeller v. Industrial Research, Inc., Fla.1955, 77 So. 2d 616.…
Authorities Cited
- Wilson v. McCOY MFG. Co., Inc., 69 So. 2d 659 (Fla. 1954)
- Carlile v. Spofford, 65 So. 2d 545 (Fla. 1953)