59.45
Misconception of remedy; Supreme Court.
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59.45 Misconception of remedy; Supreme Court.—If an appeal be improvidently taken where the remedy might have been more properly sought by certiorari, this alone shall not be a ground for dismissal; but the notice of appeal and the record thereon shall be regarded and acted on as a petition for certiorari duly presented to the Supreme Court.
History.—s. 1, ch. 23826, 1947.
Notes of Decisions
Cited in 70
cases, 1952–2015 · leading case: Huie v. State
Huie v. State (1957)
“In that case we treated notice of appeal as a petition for certiorari under Section 59.45, Florida Statutes, F.S.A. We have followed the same course in the instant case.”
Hensley v. Palmer (1952)
“The appellant argues, however, that even if the order is not a "final judgment," this court may treat the appeal as a petition for certiorari and proceed to a review of the order under the provisions of Section 59.45, Florida Statutes, F.S.A., that "If an appeal be improvidently…”
Alger v. Peters (1956)
“However, in accord with Section 59.45, Florida Statutes, F.S.A., the notice of appeal will be regarded by us as a petition for certiorari.”
Thomas v. Cilbe, Inc. (1958)
“because of the ten day limitation of that rule, that the petition may not be interpreted as a bill of review, and that it cannot be construed as a motion so as to bring it within the purview of Rule 1.”
Epperson v. Epperson (1958)
“However, consistent with Section 59.45, Florida Statutes, F.S.A., we considered the notice of appeal as a petition for certiorari.”
Home News Publishing Co. v. UM Publishing, Inc. (1971)
“[8] F.S. § 59.45, F.S.A. "If an appeal be improvidently taken where the remedy might have been more properly sought by certiorari, this alone shall not be a ground for dismissal; but the notice of appeal and the record thereon shall be regarded and acted on as a petition for…”
Levine v. Knowles (1967)
“[2] The rights of ownership do not cease upon the death of a dog, [3] and it has been held that an action in replevin lies to recover the body of a dead dog.”
Chatlos v. City of Hallandale (1968)
“The only question remaining is whether the action of the district court in treating the plenary appeal as a petition for certiorari under Section 59.45, Florida Statutes 1967, F.S.”
Alliance for Conservation of Natural Resources in Pinellas County v. Furen (1958)
“From what we have here-inbefore said, we are of the opinion that appeal does not lie to this court from a decision of the Circuit Court sitting as an appellate and not as a trial court, and were it not for Chapter 23826, Laws of Florida, Acts of 1947 (Fla.Stat. 59.45, F.S.A.),…”
Marshall v. Bacon (1957)
“In our consideration of the matter, however, we accord to appellant the benefit of Section 59.45, Florida Statutes, F.S.A. Her notice of appeal, pursuant to this statute, will be regarded as a petition for certiorari and acted upon accordingly.”
Ogle v. Pepin (1973)
“[2] We recognize that an appeal improvidently taken in this Court shall be treated under Fla. Stat. § 59.45 , F.S.A., as a petition for writ of certiorari.”
Shute v. Keystone State Bank (1963)
“2d 506 ; F.S. § 59.45, F.S.A." Since the statute [5] authorizing review of interlocutory orders or decrees in equity by proceedings in the nature of certiorari was superseded by the adoption of Florida Appellate Rule 4.”
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