Hoffman v. Hoffman

• Decision Date: 10 April 1986
• Docket Number: No. 66718,66718
• Citation: 485 So.2d 1282,11 Fla. L. Weekly 167
• Parties: 11 Fla. L. Weekly 167 Kye S. HOFFMAN, Petitioner, v. Glenn A. HOFFMAN, Respondent.
• Court: Florida Supreme Court

Page 1282

485 So.2d 1282

11 Fla. L. Weekly 167

Kye S. HOFFMAN, Petitioner, v. Glenn A. HOFFMAN, Respondent.

No. 66718.

Supreme Court of Florida.

April 10, 1986.

Walter A. Steigleman, of the Law Office of Dewrell, Blue & Brannon, Fort Walton Beach, for petitioner.

James L. Schmidt, Fort Walton Beach, for respondent.

EHRLICH, Justice.

We have for review Hoffman v. Hoffman, 463 So.2d 517 (Fla. 1st DCA 1985), which was certified as being in direct conflict with Perego v. Robinson, 377 So.2d 834 (Fla. 5th DCA 1979). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

In this case, the First District Court of Appeal properly held that the timely filing of a notice of appeal in a branch office of the clerk of circuit court constituted a timely filing within the contemplation of 9.110(b), Florida Rules of Appellate Procedure. This Court recently reached the same conclusion in Sanchez v. Swanson, 481 So.2d 481 (Fla.1986). We find this case factually indistinguishable from Sanchez; and although the petitioner raises issues which were not addressed in Sanchez, we find these collateral issues nonmeritorious.

We approve the district court decision below and, to the extent it conflicts, disapprove the decision in Perego.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, McDONALD, SHAW and BARKETT, JJ., concur.