Massaline v. Carter

District Court of Appeal of Florida

Massaline v. Carter

528 So. 2d 561, 13 Fla. L. Weekly 1782, 1988 Fla. App. LEXIS 3406, 1988 WL 76418

CourtDistrict Court of Appeal of Florida

DecidedJuly 28, 1988

DocketNo. 87-2098

StatusPublished

Cited by1 cases

This text of 528 So. 2d 561 (Massaline v. Carter) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Massaline v. Carter, 528 So. 2d 561, 13 Fla. L. Weekly 1782, 1988 Fla. App. LEXIS 3406, 1988 WL 76418 (Fla. Ct. App. 1988).

Pincite

Opinion

DAUKSCH, Judge.

This is an appeal from an “Order of Abatement and Stay.” The order was rendered October 13, 1987. See Rule 9.020(g), Florida Rules of Appellate Procedure. A notice of appeal from that order was filed in the circuit court on November 9, 1988, and received and filed in this court on November 16, 1988. Because appellant seeks review of a nonappealable order, we have elected to treat his notice of appeal as a petition for writ of certiorari, in order to comply with Rule 9.040(c), and treat the matter as if the proper remedy had been sought.

This court has no jurisdiction to review the matter as a petition for writ of certiora-ri because such a petition must be filed with this court (not the circuit court as in plenary appeals) within thirty days of rendition of the order to be reviewed. Florida Rules of Appellate Procedure 9.100(b) and (c). See Spector v. Trans World Airlines, Inc., 523 So.2d 704 (Fla. 4th DCA 1988); Paul v. City of Miami Beach, et al., 519 So.2d 1150 (Fla. 3d DCA 1988) and Johnson v. Citizens State Bank, etc., 518 So.2d 410 (Fla. 1st DCA 1988).

PETITION DISMISSED.

COBB and COWART, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

DAUKSCH, Judge.

This is an appeal from an “Order of Abatement and Stay.” The order was rendered October 13, 1987. See Rule 9.020(g), Florida Rules of Appellate Procedure. A notice of appeal from that order was filed in the circuit court on November 9, 1988, and received and filed in this court on November 16, 1988. Because appellant seeks review of a nonappealable order, we have elected to treat his notice of appeal as a petition for writ of certiorari, in order to comply with Rule 9.040(c), and treat the matter as if the proper remedy had been sought.

This court has no jurisdiction to review the matter as a petition for writ of certiora-ri because such a petition must be filed with this court (not the circuit court as in plenary appeals) within thirty days of rendition of the order to be reviewed. Florida Rules of Appellate Procedure 9.100(b) and (c). See Spector v. Trans World Airlines, Inc., 523 So.2d 704 (Fla. 4th DCA 1988); Paul v. City of Miami Beach, et al., 519 So.2d 1150 (Fla. 3d DCA 1988) and Johnson v. Citizens State Bank, etc., 518 So.2d 410 (Fla. 1st DCA 1988).

PETITION DISMISSED.

COBB and COWART, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

528 So. 2d 561, 13 Fla. L. Weekly 1782, 1988 Fla. App. LEXIS 3406, 1988 WL 76418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/massaline-v-carter-fladistctapp-1988.

Opinion

Related

Cite This Page — Counsel Stack