Stieglitz v. City Com'n, City of South Miami
| Decision Date | 05 January 1989 |
| Docket Number | No. 72759,72759 |
| Citation | 537 So.2d 98,14 Fla. L. Weekly 23 |
| Parties | 14 Fla. L. Weekly 23 Veronica STIEGLITZ, Petitioner, v. CITY COMMISSION, CITY OF SOUTH MIAMI, Respondent. |
| Court | Florida Supreme Court |
David T. Bobbitt, Miami, for petitioner.
John R. Dellagloria, City Atty., Miami, for respondent.
We have for review Stieglitz v. City Commission, 525 So.2d 438, 438 (Fla. 3d DCA 1988), in which the district court 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 decision of the district court upon the basis of our opinion in Johnson v. Citizens State Bank, 537 So.2d 96 (Fla.1989) (consolidated cases). We remand for further proceedings consistent with this opinion and with Johnson.
It is so ordered.
1 We have discretionary jurisdiction under article V, section 3(b)(4), Florida Constitution.
To continue reading
Request your trial
-
Alfonso v. Department of Environmental Regulation
... ... Wasson, Miami, for petitioners ... Francine M ... ...
-
Thomson, Bohrer, Werth & Razook v. MULTI REST. CONC., INC.
... ... Averill, Miami, for petitioners ... James E ... 3d DCA 1979), disapproved on other grounds, City of Deerfield Beach v. Vaillant, 419 So.2d 624 ... ...
- City Ad Associates, Inc. v. City of Miami
-
Department of Health and Rehabilitative Services v. C.G.
...v. Office of the Sheriff, 541 So.2d 1149 (Fla.1989) (non-final appeal treated as petition for certiorari); Stieglitz v. City Commission, City of South Miami, 537 So.2d 98 (Fla.1989) (non-final appeal treated as petition for certiorari). The instant petition is a "reverse Johnson case." HRS ......