Skinner v. Skinner, No. 74149

CourtUnited States State Supreme Court of Florida
Writing for the CourtKOGAN; EHRLICH
Citation561 So.2d 260
Parties15 Fla. L. Weekly S268 Jeffrey SKINNER, Petitioner, v. Lisa SKINNER, Respondent.
Docket NumberNo. 74149
Decision Date03 May 1990

Page 260

561 So.2d 260
15 Fla. L. Weekly S268
Jeffrey SKINNER, Petitioner,
v.
Lisa SKINNER, Respondent.
No. 74149.
Supreme Court of Florida.
May 3, 1990.

Michael K. Davis, Davie, for petitioner.

Caryn S. Grainer of Caryn S. Grainer, P.A., Hollywood, for respondent.

KOGAN, Justice.

We have for review Skinner v. Skinner, 541 So.2d 176 (Fla. 4th DCA 1989), in which

Page 261

the district court certified to this Court the following issue as a question of great public importance:

Does a district court of appeal have jurisdiction to consider a petition for certiorari filed therein to review a non-final order which is reviewable by appeal where no notice of appeal was filed in the trial court?

We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the certified question in the affirmative and quash the decision of the district court.

Petitioner, Jeffrey Skinner, filed a petition for dissolution of marriage against respondent, Lisa Skinner. On August 20, 1987, the trial court entered an order directing benefits to respondent. Among such matters was an order for payment of a medical bill for chiropractic services rendered to respondent. Petitioner failed to make such payments and on December 30, 1987, an order was entered granting respondent's motion for contempt enforcing payment of the medical bill.

On February 1, 1988, the parties entered into a property settlement agreement and on February 8, 1988, an uncontested final hearing was held for final judgment of dissolution of marriage. The final order incorporated the property settlement agreement. However, petitioner failed to comply with the December 30, 1987, order and as a result respondent filed a motion for contempt on March 31, 1988. This motion was heard and denied on April 27, 1988, for lack of jurisdiction. Respondent then filed a motion for rehearing which was also denied on May 24, 1988.

Respondent then filed motion for relief from judgment and on November 14, 1988, the trial court entered an order granting this motion thereby ordering petitioner to pay respondent's chiropractic bill. Petitioner sought review of this order by petition for certiorari to the Fourth District Court of Appeal. The district court held that the trial court's order was designated nonfinal because immediate monetary relief was awarded in a domestic relations matter, and review thus must be by direct appeal. Accordingly, the petition for certiorari was dismissed for failure to properly invoke the jurisdiction of the district court.

The district court reached this conclusion on authority of Lampkin-Asam v. District Court of Appeal, 364 So.2d 469 (Fla.1978), receded from, Johnson v. Citizens State Bank, 537 So.2d 96 (Fla.1989). In that case petitioner sought to appeal an adverse judgment by mailing a notice of appeal two days prior to the thirty-day jurisdictional time limit. However, the notice was inadvertently sent to the district court rather than to the circuit court. Upon receipt, the clerk of the district court mailed the notice to the clerk of the circuit court, who in turn filed the notice. However, such filing was untimely and as a result the district court dismissed the appeal. On appeal, relying upon Southeast First National Bank of Miami v. Herin, ...

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24 practice notes
  • Sheley v. Florida Parole Com'n, No. 97-1659
    • United States
    • Court of Appeal of Florida (US)
    • December 31, 1997
    ...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 granted by rule 9.040(c), we treat the appeal in the present case as a peti......
  • Alfonso v. Department of Environmental Regulation, No. 79096
    • United States
    • United States State Supreme Court of Florida
    • April 1, 1993
    ...be open to question because of this Court's decisions in Johnson v. Citizens State Bank, 537 So.2d 96 (Fla.1989), and Skinner v. Skinner, 561 So.2d 260 (Fla.1990). The district court certified the question for resolution and we accepted Article V, section 2(a) of the Florida Constitution pr......
  • Richardson v. Watson, No. 92-01091
    • United States
    • Court of Appeal of Florida (US)
    • August 19, 1992
    ...timely filed in the lower court may be properly treated as a petition for writ of certiorari in this court. See Skinner v. Skinner, 561 So.2d 260 (Fla.1990); Johnson v. Citizens State Bank, 537 So.2d 96...
  • Button v. State, No. 93-00612
    • United States
    • Court of Appeal of Florida (US)
    • March 2, 1994
    ...his cause as if he had sought the proper remedy. Fla.R.App.P. 9.040(c). See also art. V, Sec. 2(a), Fla. Const.; Skinner v. Skinner, 561 So.2d 260 (Fla.1990) In this limited circumstance, and for the sake of judicial economy, we will treat Button's appeal as a petition for writ of habeas co......
  • Request a trial to view additional results
24 cases
  • Sheley v. Florida Parole Com'n, No. 97-1659
    • United States
    • Court of Appeal of Florida (US)
    • December 31, 1997
    ...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 granted by rule 9.040(c), we treat the appeal in the present case as a peti......
  • Alfonso v. Department of Environmental Regulation, No. 79096
    • United States
    • United States State Supreme Court of Florida
    • April 1, 1993
    ...be open to question because of this Court's decisions in Johnson v. Citizens State Bank, 537 So.2d 96 (Fla.1989), and Skinner v. Skinner, 561 So.2d 260 (Fla.1990). The district court certified the question for resolution and we accepted Article V, section 2(a) of the Florida Constitution pr......
  • Richardson v. Watson, No. 92-01091
    • United States
    • Court of Appeal of Florida (US)
    • August 19, 1992
    ...timely filed in the lower court may be properly treated as a petition for writ of certiorari in this court. See Skinner v. Skinner, 561 So.2d 260 (Fla.1990); Johnson v. Citizens State Bank, 537 So.2d 96...
  • Button v. State, No. 93-00612
    • United States
    • Court of Appeal of Florida (US)
    • March 2, 1994
    ...his cause as if he had sought the proper remedy. Fla.R.App.P. 9.040(c). See also art. V, Sec. 2(a), Fla. Const.; Skinner v. Skinner, 561 So.2d 260 (Fla.1990) In this limited circumstance, and for the sake of judicial economy, we will treat Button's appeal as a petition for writ of habeas co......
  • Request a trial to view additional results

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