Jones v. OFFICE OF SHERIFF
This text of 541 So. 2d 1149 (Jones v. OFFICE OF SHERIFF) 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.
Opinion
H.W. JONES, Petitioner,
v.
OFFICE OF the SHERIFF, Respondent.
Supreme Court of Florida.
Elizabeth L. White, Wm. J. Sheppard and Cyra O'Daniel of Sheppard and White, P.A., Jacksonville, for petitioner.
James L. Harrison, Gen. Counsel and Bruce Page, Asst. Counsel, Jacksonville, for respondent.
BARKETT, Justice.
We have for review Jones v. Office of the Sheriff, 532 So.2d 742, 743 (Fla. 1st DCA 1988), in which the district court certified the following question to be of great public importance:
When a party seeks appellate review of a nonappealable order, and assuming 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 have discretionary jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the certified question in the negative, quash the decision of the district court on the authority of Johnson v. Citizens State Bank, 537 So.2d 96 (Fla. 1989), and remand for proceedings consistent herewith.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.
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Cite This Page — Counsel Stack
541 So. 2d 1149, 14 Fla. L. Weekly 176, 1989 Fla. LEXIS 281, 1989 WL 33267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-office-of-sheriff-fla-1989.