Hoffman v. Hoffman

Supreme Court of Florida

Hoffman v. Hoffman

485 So. 2d 1282, 11 Fla. L. Weekly 167, 1986 Fla. LEXIS 2011

CourtSupreme Court of Florida

DecidedApril 10, 1986

DocketNo. 66718

StatusPublished

This text of 485 So. 2d 1282 (Hoffman v. Hoffman) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hoffman v. Hoffman, 485 So. 2d 1282, 11 Fla. L. Weekly 167, 1986 Fla. LEXIS 2011 (Fla. 1986).

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Opinion

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.

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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.

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485 So. 2d 1282, 11 Fla. L. Weekly 167, 1986 Fla. LEXIS 2011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffman-v-hoffman-fla-1986.

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