State v. Clark

District Court of Appeal of Florida

State v. Clark

494 So. 2d 529, 11 Fla. L. Weekly 2047, 1986 Fla. App. LEXIS 9788

CourtDistrict Court of Appeal of Florida

DecidedSeptember 24, 1986

DocketNo. 4-86-0799

StatusPublished

This text of 494 So. 2d 529 (State v. Clark) 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

State v. Clark, 494 So. 2d 529, 11 Fla. L. Weekly 2047, 1986 Fla. App. LEXIS 9788 (Fla. Ct. App. 1986).

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Opinion

LETTS, Judge.

We grant the writ of certiorari, quash the order dismissing the appeal and reinstate it in the circuit court. We point out that we find jurisdiction to exist pursuant to Florida Rule of Appellate Procedure 9.030(b)(2)(B). Since this petition is from an order of the circuit court acting in its appellate capacity, this case does not present the same question as to the State’s right to appeal as found in Jones v. State, 477 So.2d 566 (Fla.1985) and progeny.

Under Rule 9.020(g) an order is rendered when it is filed with the clerk of the lower tribunal rather than when it is signed by the judge.

In the instant case the county court judge signed the order on August 7, 1985 but the order was not filed for record until September 18, 1985. Accordingly the notice of appeal filed in the circuit court on October 2, 1985 was not untimely.

CERTIORARI GRANTED.

DELL and GUNTHER, JJ., concur.

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