STEVEN KILLMEYER, APPELLANT,

v.

AMY KILLMEYER, APPELLEE

Citator

Cited By

• Schlabach v. State, 37 So. 3d 230 (Fla. 2010)
  …time needs to be filed in order for a petitioner to be entitled to receive an enlargement of time, where the scheduling of the hearing beyond the 60-day period is beyond the petitioner’s control. Id. at 1161-62 (emphasis added). In Wills v. State, 963 So. 2d 356, 356 (Fla. 5th DCA 2007), the defendant timely filed her motion but the “sixty-day time limit contained within the rule elapsed before the trial court could address its merits.” The Fifth District held that the “State properly concede[d] that the tr…
• Graham v. State, 24 So. 3d 781 (Fla. 5th DCA 2009)
  …owever, when the basis for denial was a lack of jurisdiction, certiorari is proper for purposes of challenging that ruling. See Eberheart v. State, 5 So. 3d 791 (Fla. 5th DCA 2009); Ukaj v. State, 969 So. 2d 1172 (Fla. 5th DCA 2007); Wills v. State, 963 So. 2d 356 (Fla. 5th DCA 2007); Del Valle [*783] v. State, 948 So. 2d 78 (Fla. 5th DCA 2007); Arnold v. State, 621 So. 2d 503 (Fla. 5th DCA 1993). Thus, we treat this appeal as a petition for writ of certiorari. The issue presented is whether a trial court ma…

Authorities Cited

• Pitcher v. Schneider (Fla. 5th DCA 2018)
• Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)