Johnson v. Citizens State Bank, Nos. 71877

CourtUnited States State Supreme Court of Florida
Writing for the CourtBARKETT; EHRLICH
Citation537 So.2d 96,14 Fla. L. Weekly 2
Parties14 Fla. L. Weekly 2 R.S. JOHNSON, Petitioner, v. CITIZENS STATE BANK, etc., Respondent. Sam SPECTOR, et al., Petitioners, v. TRANS WORLD AIRLINES, INC., Respondent.
Docket Number72448,Nos. 71877
Decision Date05 January 1989

Page 96

537 So.2d 96
14 Fla. L. Weekly 2
R.S. JOHNSON, Petitioner,
v.
CITIZENS STATE BANK, etc., Respondent.
Sam SPECTOR, et al., Petitioners,
v.
TRANS WORLD AIRLINES, INC., Respondent.
Nos. 71877, 72448.
Supreme Court of Florida.
Jan. 5, 1989.

Bill A. Corbin, Blountstown, for R.S. Johnson.

Sam and Betty Spector, Royal Palm Beach, in pro. per.

Frank A. Baker and Glenda F. Swearingen, Marianna, for Citizens State Bank.

Daniel F. Beasley of Fowler, White, Burnett, Hurley, Banick & Strickroot, P.A., Miami, for Trans World Airlines, Inc.

BARKETT, Justice.

We have for review Johnson v. Citizens State Bank, 518 So.2d 410 (Fla. 1st DCA

Page 97

1988), and Spector v. Trans World Airlines, Inc., 523 So.2d 704 (Fla. 4th DCA 1988), in which the district courts certified the following question to be of great public importance: 1

When a party seeks appellate review of a nonappealable order, and assuming that the notice of appeal is timely filed in the lower tribunal, must the notice of appeal be filed in the appellate court within 30 days of rendition of the order in order for the appellate court to have jurisdiction to treat the notice as a petition for writ of certiorari?

We answer the certified question in the negative and quash the decisions of the district courts.

Initially, Johnson and the Spectors sought relief in their respective county courts, lost, and then appealed to the circuit court. Unsuccessful in the circuit court, they then attempted to perfect a plenary appeal in the district court by filing a notice of appeal with the circuit court clerk. Although the notices of appeal were filed within thirty days, the circuit court clerks did not transmit the notices to the respective district courts within thirty days from the rendition of the orders sought to be reviewed. The Johnson court dismissed the appeal because its jurisdiction had not been timely invoked. The Spector court did likewise, relying upon Johnson.

All parties now agree that the orders were not reviewable by plenary appeal and that review is available, if at all, by certiorari under article V, section 4(b)(3), Florida Constitution. Appellate certiorari is the appropriate remedy to review "final orders of circuit courts acting in their review capacity." Fla.R.App.P. 9.030(b)(2)(B). Original jurisdiction of the appellate court is invoked for this purpose "by filing a petition ... with the clerk of the court deemed to have jurisdiction," that is, with the clerk of the district court. Fla.R.App.P. 9.100(b).

Citizens State Bank and Trans World Airlines contend that because the notices of appeal were not timely filed in the district court, Johnson and the Spectors are not entitled to relief. Johnson and the Spectors argue that under Florida's Constitution a timely filing of...

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32 practice notes
  • Conner v. Mid-Florida Growers, Inc., MID-FLORIDA
    • United States
    • Court of Appeal of Florida (US)
    • March 31, 1989
    ...(Fla.1954). We therefore proceed as if appellate review had been sought by filing a notice of appeal. See Johnson v. Citizens State Bank, 537 So.2d 96 (Fla.1989); Pearce v. Parsons, 414 So.2d 296 (Fla. 2d DCA 1982). Upon receipt of a facially sufficient petition for writ of mandamus, a cour......
  • Sheley v. Florida Parole Com'n, No. 97-1659
    • United States
    • Court of Appeal of Florida (US)
    • December 31, 1997
    ...an improper remedy, the cause shall be treated as if the proper remedy had been sought." See, e.g., Johnson v. Citizens State Bank, 537 So.2d 96 (Fla.1989)(appeal treated as certiorari); Skinner v. Skinner, 561 So.2d 260 (Fla.1990)(certiorari treated as appeal). Based on the authority ......
  • Decker v. University of West Florida, CASE NO. 1D11-5021
    • United States
    • Court of Appeal of Florida (US)
    • April 24, 2012
    ...for writ of certiorari in the circuit court having territorial jurisdiction over the university. See Johnson v. Citizens State Bank, 537 So. 2d 96 (Fla. 1989). In this case, the proper forum is the circuit court for Escambia County. In summary, we conclude that the notice of appeal was time......
  • Canal Ins. Co. v. Reed, Nos. 94-1854
    • United States
    • Court of Appeal of Florida (US)
    • April 13, 1995
    ...provided that it shall not be the responsibility of the court to seek the proper remedy." See, e.g., Johnson v. Citizens State Bank, 537 So.2d 96, 97 (Fla.1989) ("There is no question that an appellate court has jurisdiction to review a cause even though the form of appellate reli......
  • Request a trial to view additional results
32 cases
  • Conner v. Mid-Florida Growers, Inc., MID-FLORIDA
    • United States
    • Court of Appeal of Florida (US)
    • March 31, 1989
    ...(Fla.1954). We therefore proceed as if appellate review had been sought by filing a notice of appeal. See Johnson v. Citizens State Bank, 537 So.2d 96 (Fla.1989); Pearce v. Parsons, 414 So.2d 296 (Fla. 2d DCA 1982). Upon receipt of a facially sufficient petition for writ of mandamus, a cour......
  • Sheley v. Florida Parole Com'n, No. 97-1659
    • United States
    • Court of Appeal of Florida (US)
    • December 31, 1997
    ...an improper remedy, the cause shall be treated as if the proper remedy had been sought." See, e.g., Johnson v. Citizens State Bank, 537 So.2d 96 (Fla.1989)(appeal treated as certiorari); Skinner v. Skinner, 561 So.2d 260 (Fla.1990)(certiorari treated as appeal). Based on the authority ......
  • Decker v. University of West Florida, CASE NO. 1D11-5021
    • United States
    • Court of Appeal of Florida (US)
    • April 24, 2012
    ...for writ of certiorari in the circuit court having territorial jurisdiction over the university. See Johnson v. Citizens State Bank, 537 So. 2d 96 (Fla. 1989). In this case, the proper forum is the circuit court for Escambia County. In summary, we conclude that the notice of appeal was time......
  • Canal Ins. Co. v. Reed, Nos. 94-1854
    • United States
    • Court of Appeal of Florida (US)
    • April 13, 1995
    ...provided that it shall not be the responsibility of the court to seek the proper remedy." See, e.g., Johnson v. Citizens State Bank, 537 So.2d 96, 97 (Fla.1989) ("There is no question that an appellate court has jurisdiction to review a cause even though the form of appellate reli......
  • Request a trial to view additional results

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