Speed v. Florida Dept. of Legal Affairs
| Decision Date | 15 August 1980 |
| Docket Number | No. KK-41,KK-41 |
| Citation | 387 So.2d 459 |
| Parties | Jean B. SPEED, Appellant, v. FLORIDA DEPARTMENT OF LEGAL AFFAIRS, Appellee. |
| Court | Florida District Court of Appeals |
Appellant, on May 15, 1978, filed with the Career Service Commission of the State of Florida a notice of appeal to this Court of that Commission's final order dated April 6, 1978, and on the same date filed a notice of appeal with the Clerk of this Court. Having nothing in the record before us to show that the order was filed as required by the 1978 Florida Appellate Rules and thus being unable to determine the question of timeliness of the appeal, we remanded the cause for a determination as to whether or not the order sought to be reviewed was filed with the Clerk of the Career Service Commission and, if it was so filed, the date on which the filing occurred. Fla.R.App.P. 9.110 provides in pertinent part as follows:
(b) Commencement. Jurisdiction of the court under this rule shall be invoked by filing two copies of a notice, accompanied by filing fees prescribed by law, with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed.
(c) Exception; Administrative Action. In appeal of administrative action, the appellant shall pay the fee and file the second copy of the notice with the court.
Fla.R.App.P. 9.020(g) defines "rendition" as follows:
"(g) Rendition (of an order): the filing of a signed, written order with the clerk of the lower tribunal. * * * "
As to the term "Clerk," the committee notes to Rule 9.020 provide as follows:
The term "clerk" retains the substance of the term "clerk" defined in the former rules. This term includes the person who in fact maintains records of proceedings in the lower tribunal where no person is specifically and officially given that duty.
In response to our order, appellee filed a copy of the Career Service Commission order to which is attached a certificate of service certifying mailing of a copy thereof to appellant and to appellee on April 10, 1978, and moved to dismiss this appeal. (This certificate of service appears on the order contained in the record filed with this Court.) In addition, the copy of the order attached to appellee's response and motion to dismiss contains the certificate of Dorothy B. Roberts, Appeals Coordinator, Career Service Commission, certifying as follows:
I HEREBY CERTIFY that the above and foregoing is a true and correct xerox copy of the original opinion and order filed in this office on April 10, 1978, in the case of Jean Speed against Dismissal by the Department of Legal Affairs, Docket No. 77-71, which is under my control in the files of the Career Service Commission.
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...5th DCA 1990), Bouchard v. State Department of Business Regulation, 448 So.2d 1126 (Fla. 2nd DCA 1984), Speed v. Florida Department of Legal Affairs, 387 So.2d 459 (Fla. 1st DCA 1980), and Franchi v. Florida Department of Commerce, 375 So.2d 1154 (Fla. 4th DCA 13. The trial court order was ......
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...of Business Regulation, Division of Alcoholic Beverages & Tobacco, 448 So.2d 1126 (Fla. 2d DCA 1984); Speed v. Florida Department of Legal Affairs, 387 So.2d 459 (Fla. 1st DCA 1980). And, although the untimely filing may be attributable to the wrongful act or misconduct of a state functiona......
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Turner v. State, 90-70
...of Business Regulation, Div. of Alcoholic Beverages and Tobacco, 448 So.2d 1126 (Fla. 2d DCA 1984); Speed v. Florida Department of Legal Affairs, 387 So.2d 459 (Fla. 1st DCA 1980); Franchi v. Florida Department of Commerce, Division of Employment Security, Board of Review, 375 So.2d 1154 (F......
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Bouchard v. State, Dept. of Business Regulation, Div. of Alcoholic Beverages and Tobacco, 84-455
...have relied on this rule to extend the time for filing of the notice of appeal, but to no avail. See Speed v. Fla. Dept. of Legal Affairs, 387 So.2d 459 (Fla. 1st DCA 1980) and Franchi v. Fla. Dept. of Commerce, etc., 375 So.2d 1154 (Fla. 4th DCA We write this opinion because we perceive so......