Cases from cite.case.law:

VILLA LYAN, INC. v. PEREZ,, 159 So. 3d 940 (Fla. Dist. Ct. App. 2015)

. . . Lyan asserts that pursuant to both article V, section 2(a) of the Florida Constitution and section 59.45 . . . Comm’rs, Palm Beach Cnty., 428 So.2d 701, 702 (Fla. 4th DCA 1983) (finding that section 59.45 and Rule . . . 107 So.2d 153, 155 (Fla. 2d DCA 1958) (holding that circuit court had authority to utilize section 59.45 . . . Section 59.45, Florida Statutes, entitled "Misconception of remedy; Supreme Court,” specifically states . . . Furen, 104 So.2d 803, 808 (Fla. 2d DCA 1958) (stating that section 59.45 applies to the Supreme Court . . .

In E. FAZZIO V. E. FAZZIO V. v. RARICK,, 180 B.R. 263 (Bankr. E.D. Cal. 1995)

. . . That represents 59.45% of the new loan ($178,364 -e $300,000). . . . Of that amount 59.45%, or $135,535, can be attributed to the “increased portion” of the FLB loan. . . . At close of escrow, FLB was paid $513,355. 59.45% of that sum is $305,190. . . .

WESCH, v. HUNT,, 785 F. Supp. 1491 (S.D. Ala. 1992)

. . . 100.00% 19.36% 8,181 3 80.58% ' (5.(53% 0 3 0.0Q% 0.03% Hale County 15,498 6,255 100.00% 40.36% 9,214 20 59.45% . . .

CESLOW, v. BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY,, 428 So. 2d 701 (Fla. Dist. Ct. App. 1983)

. . . However, she contends that, pursuant to Florida Rule of Appellate Procedure 9.040(c) and section 59.45 . . . Section 59.45 provides: Misconception of remedy; Supreme Court. — If an appeal be improvidently taken . . . Thus, in our view section 59.45 and Rule 9.040(c) allow Ceslow to use her notice of appeal and associated . . .

J. DONOVAN, v. TONY AND SUSAN ALAMO FOUNDATION,, 567 F. Supp. 556 (W.D. Ark. 1982)

. . . ) 1976 1977 1978 1979 1980 1981 BOARD 12.05 41.27 50.52 48.62 41.01 57.31 LODGING 38.82 43.81 56.84 59.45 . . .

B. v., 79 T.C. 846 (T.C. 1982)

. . . 1976 $8,348.75 $19,528.50 $20,393.50 Dividends 1,890.00 3,625.40 3,578.60 Interest 1,012.00 4,781.47 59.45 . . .

H. B. v., 63 T.C. 149 (T.C. 1974)

. . . Stadler Farms 2/60 4/20/66 13,972.56 66-5 Lot in Brooksville, Fla. 1959 12/66 59.45 19,304.97 Pritchett . . .

RADIO COMMUNICATIONS CORPORATION, a J. d b a J. v. OKI ELECTRONICS OF AMERICA, INC. a, 277 So. 2d 289 (Fla. Dist. Ct. App. 1973)

. . . We may, however, within our statutory discretion (§ 59.45, F.S.1971, F.S.A.), treat the notice of appeal . . .

T. OGLE, v. D. PEPIN, 273 So. 2d 391 (Fla. 1973)

. . . . § 59.45, F.S.A., as a petition for writ of certiorari. . . .

F. BARNES v. STATE, 248 So. 2d 660 (Fla. Dist. Ct. App. 1971)

. . . . § 59.45 F.S.A. . . .

FAVORS v. CITY OF TAMPA,, 246 So. 2d 172 (Fla. Dist. Ct. App. 1971)

. . . This court, pursuant to Section 59.45, Florida Statutes, F.S.A., which is applicable to District Courts . . .

HOME NEWS PUBLISHING COMPANY, a v. U- M PUBLISHING, INC. a, 246 So. 2d 117 (Fla. Dist. Ct. App. 1971)

. . . . § 59.45, F.S.A. . . .

C. SAPP, a v. F. LaVIOLETTE, 242 So. 2d 483 (Fla. Dist. Ct. App. 1970)

. . . It has been held, however, that: “ * * * While section 59.45, Florida Statutes 1951, F.S.A., provides . . . F.S. § 59.45, F.S.A. . . .

CITY OF FORT LAUDERDALE, a v. M. COUTS,, 239 So. 2d 874 (Fla. Dist. Ct. App. 1970)

. . . Section 59.45, F.S.A., provides where an appeal is improvidently taken, when the remedy might have been . . .

KEENER v. A. DUNNING,, 238 So. 2d 113 (Fla. Dist. Ct. App. 1970)

. . . F.S. 1967, Section 59.45, F.S.A.; Craft v. . . .

THURMAN, v. W. THURMAN,, 223 So. 2d 572 (Fla. Dist. Ct. App. 1969)

. . . Under the authority of § 59.45, Fla.Stat., F.S.A., and Rule 4.2, F.A.R., 32 F.S.A., we have considered . . .

STATE A. CARTER, v. T. WIGGINTON,, 221 So. 2d 409 (Fla. 1969)

. . . Section 59.45, F.S.A., pursuant to which the District Courts have treated misconceived procedural review . . .

F. CHATLOS, v. CITY OF HALLANDALE, a, 220 So. 2d 353 (Fla. 1968)

. . . action of the district court in treating the plenary appeal as a petition for cer-tiorari under Section 59.45 . . .

CITY OF HALLANDALE, a v. F. CHATLOS, a M. L. A. J. G. B. Jr. P. L. M., 211 So. 2d 53 (Fla. Dist. Ct. App. 1968)

. . . Therefore the interlocutory appeal is dismissed and pursuant to Section 59.45, F.S. 1967, F.S.A., the . . . F.S. § 59.45, F.S.A. . . .

MAC PAPERS, INCORPORATED, a v. COIN MACHINE ACCEPTANCE CORP., 210 So. 2d 463 (Fla. Dist. Ct. App. 1968)

. . . However, we have treated this interlocutory appeal as a petition for certiorari, as authorized by § 59.45 . . .

M. ADAMS v. DADE COUNTY, a, 202 So. 2d 585 (Fla. Dist. Ct. App. 1967)

. . . interlocutory appeal is accepted and treated as a petition for certiorari, as authorized and provided for by § 59.45 . . .

FELTON, W. v. CITY OF PENSACOLA,, 200 So. 2d 842 (Fla. Dist. Ct. App. 1967)

. . . Pursuant to the provisions of Sec. 59.45, Florida Statutes, F.S.A., however, we will regard and act upon . . .

CAMP PHOSPHATE COMPANY, v. MARION COUNTY,, 201 So. 2d 793 (Fla. Dist. Ct. App. 1967)

. . . F.S. 59.45, F.S.A.; Couse et ux. v. Canal Authority et al., 194 So.2d 301 (Fla.App.1st, 1967). . . . .

G. MENDOZA, v. J. FARRELL, M. D., 199 So. 2d 750 (Fla. Dist. Ct. App. 1967)

. . . We treat the appeal as a petition for certiorari, as provided for in § 59.45 Fla.Stat., F.S.A. . . .

LEVINE, v. KNOWLES,, 197 So. 2d 329 (Fla. Dist. Ct. App. 1967)

. . . Lazar, Fla.App.1958, 104 So.2d 618; Section 59.45, Florida Statutes, F.S.A. . . .

CAMP PHOSPHATE COMPANY, v. MARION COUNTY,, 194 So. 2d 302 (Fla. Dist. Ct. App. 1967)

. . . See Section 59.45, Florida Statutes, F.S.A., and Couse v. . . .

CITY OF MIAMI BEACH, a v. EASON,, 194 So. 2d 652 (Fla. Dist. Ct. App. 1967)

. . . However, it is provided in § 59.45 Fla. . . .

AETNA INSURANCE COMPANY, a v. JORDAN C., 189 So. 2d 408 (Fla. Dist. Ct. App. 1966)

. . . . § 59.45, F.S.A., Misconception of remedy: •'“If an appeal be improvidently taken where tlie remedy . . .

FRAZEE, v. G. FRAZEE,, 185 So. 2d 484 (Fla. Dist. Ct. App. 1966)

. . . . § 59.45, F.S.A.; City of Miami Beach v. O’Hara (Fla.App.1964), 166 So. 2d 598. . . . .

CALLENDAR, v. STATE SMITH, v. STATE O CONNOR, v. STATE, 181 So. 2d 529 (Fla. 1966)

. . . Section 59.45 F.S.A. authorizes us to treat appeals which have been improvidently brought as petitions . . .

SCHNEIDER, v. Dr. MANHEIMER, Dr. R. Dr. a, 170 So. 2d 75 (Fla. Dist. Ct. App. 1964)

. . . Pavey, 112 So.2d 589: “By § 59.45, Fla.Stat., F.S.A., when an appeal is improvidently taken where the . . .

FENNELL, v. TRAILWAYS, a k a a, 169 So. 2d 858 (Fla. Dist. Ct. App. 1964)

. . . However, as authorized by § 59.45 Fla.Stat., F.S.A., in such circumstances, we have elected to treat . . .

FLORIDA EAST COAST RAILWAY CO. a v. SMITH,, 166 So. 2d 233 (Fla. Dist. Ct. App. 1964)

. . . requested that we treat the appeal as a petition for writ of certiorari, pursuant to Florida Statutes 59.45 . . .

CITY OF MIAMI BEACH, a v. O HARA,, 166 So. 2d 598 (Fla. Dist. Ct. App. 1964)

. . . Section 59.45, Fla.Stat., F.S.A.; Alliance for Conservation of Natural Resources v. . . .

E. CRAFT, v. CLAREMBEAUX a k a M. C., 162 So. 2d 325 (Fla. Dist. Ct. App. 1964)

. . . Pursuant to Fla.Stat. 59.45 (1963), F.S.A., the appeal has been considered as a petition for writ of . . .

YARMARK, v. BOTSIKAS,, 158 So. 2d 770 (Fla. Dist. Ct. App. 1963)

. . . We designated the appeal as a petition for certiorari, as provided for by § 59.45, Fla.Stat., F.S.A. . . .

S. SHUTE, v. KEYSTONE STATE BANK J., 159 So. 2d 106 (Fla. Dist. Ct. App. 1963)

. . . . § 59.45, F.SA.” . . .

DOBY, v. GRIFFIN,, 144 So. 2d 873 (Fla. Dist. Ct. App. 1962)

. . . Section 59.45, Florida Statutes. . . .

LOVI, v. NORTH SHORE BANK, a, 137 So. 2d 585 (Fla. Dist. Ct. App. 1962)

. . . interlocutory order in a common law action will be considered as petitions for certiorari, as authorized by § 59.45 . . .

CAST- CRETE CORPORATION, v. E. PRATER D., 134 So. 2d 813 (Fla. Dist. Ct. App. 1961)

. . . Section 59.45 Florida Statutes, F.S.A., which permits under appropriate conditions an improvident appeal . . .

T. TURNER, v. M. TURNER,, 132 So. 2d 345 (Fla. Dist. Ct. App. 1961)

. . . . § 59.45, F.S.A. . . .

REPUBLIC OF CUBA De v. S. RITTER,, 130 So. 2d 98 (Fla. Dist. Ct. App. 1961)

. . . Section 59.45, Fla.Stat., F.S.A. . . .

L. BURSTEN, v. F. COOPER,, 127 So. 2d 134 (Fla. Dist. Ct. App. 1961)

. . . Upon authority of section 59.45, Fla.Stat., F.S.A., we have considered the notice of appeal as a petition . . .

BUSINESS FINDERS, INC. a v. WINSTON, 123 So. 2d 50 (Fla. Dist. Ct. App. 1960)

. . . The court has, pursuant to § 59.45, Fla.Stat, F.S.A., considered the appeal as a petition for writ of . . .

MAPOLES v. J. C. WILSON,, 122 So. 2d 249 (Fla. Dist. Ct. App. 1960)

. . . The reference also applied to F.S. 59.45, F.S.A., which statute permits-an appeal improvidently taken . . .

L. KAUTZMAN, v. S. BANDLER,, 118 So. 2d 256 (Fla. Dist. Ct. App. 1960)

. . . .§ 59.45, Fla.Stat., F.S. . . .

E. ENGEL, In a v. CITY OF NORTH MIAMI, a, 115 So. 2d 1 (Fla. 1959)

. . . In times past we have, in accord with Section 59.45, Florida Statutes, F.S.A., and our own rule, exercised . . .

G. LUDWIG D. d b a v. H. G. COCHRAN, Jr., 114 So. 2d 484 (Fla. Dist. Ct. App. 1959)

. . . This Court, pursuant to Section 59.45, Florida Statutes, F.S.A., which is applicable to District Courts . . .

In ESTATE WOOD, F. SHEPARD, v. F. CURL,, 114 So. 2d 640 (Fla. Dist. Ct. App. 1959)

. . . We shall treat the appeal in this case as a petition for writ of certiorari, as provided by § 59.45, . . .

PALM DOLLS, INC. d b a v. STATE BEVERAGE DEPARTMENT OF FLORIDA, J. D., 114 So. 2d 354 (Fla. Dist. Ct. App. 1959)

. . . challenged appellant’s right to appeal by a motion to dismiss, on the authority of Florida Statutes 59.45 . . .

PAVEY, a k a M. v. PAVEY, Jr., 112 So. 2d 589 (Fla. Dist. Ct. App. 1959)

. . . By § 59.45, Fla.Stat., F.S.A., when an appeal is improvidently taken where the remedy provided is certiorari . . .

WRIGHT, A. C. A. H. v. ROLLER,, 111 So. 2d 485 (Fla. Dist. Ct. App. 1959)

. . . App.1958, 104 So.2d 803); but we treat the appeal as a certiorari under § 59.45, Fla.Stat., F.S.A. . . .

J. LONGO v. Dr. C. C. COLLINS, Sr., 106 So. 2d 1 (Fla. Dist. Ct. App. 1958)

. . . . § 59.45, F.S.A., urged by appellants on oral argument, provides little solace. . . .

R. SWOPE, v. CORYELL I., 107 So. 2d 153 (Fla. Dist. Ct. App. 1958)

. . . not as a trial court, and were it not for Chapter 23826, Laws of Florida, Acts of 1947, (Fla.Stat. 59.45 . . . “The above rule has the effect of making Section 59.45, Fla.Stat, F.S.A., a part of the.Florida Appellate . . . would have been by a petition for certiorari, had the authority to utilize the provisions of Section 59.45 . . .

SYRACUSE UNIVERSITY. ESTATE E. RASEY,, 105 So. 2d 904 (Fla. Dist. Ct. App. 1958)

. . . . § 59.45, F.S.A.), provides: “If an appeal be improvidently taken where the remedy might have been more . . .

ALLIANCE FOR CONSERVATION OF NATURAL RESOURCES IN PINELLAS COUNTY, a v. Al W. FUREN, 104 So. 2d 803 (Fla. Dist. Ct. App. 1958)

. . . and not as a trial court, and were it not for Chapter 23826, Laws of Florida, Acts of 1947 (Fla.Stat. 59.45 . . . The above rule has the effect of making Section 59.45, Fla.Stat., F.S.A., a part of the Florida Appellate . . .

F. THOMAS, Jr. v. CILBE, INC. a a a, 104 So. 2d 397 (Fla. Dist. Ct. App. 1958)

. . . Every, Fla.1957, 93 So.2d 390; and section 59.45, Florida Statutes, F.S.A. . . .

A. FORT, Jr. v. FORT,, 104 So. 2d 69 (Fla. Dist. Ct. App. 1958)

. . . . § 59.45, F.S.A., which provides that an appeal improvidently taken may be treated as a petition for . . .

A. EPPERSON, v. EPPERSON,, 101 So. 2d 367 (Fla. 1958)

. . . However, consistent with Section 59.45, Florida Statutes, F.S.A., we considered the notice of appeal . . .

M. KISSLING, v. J. McCARTHY, 100 So. 2d 434 (Fla. Dist. Ct. App. 1958)

. . . However, in accordance with section 59.45, Fla.Stat., F.S.A., the notice of appeal will be treated as . . .

PEOPLE OF STATE OF NEW YORK C. O NEILL, 100 So. 2d 149 (Fla. 1958)

. . . civil proceeding and asked this court to consider the appeal a petition for certiorari, under Sec. 59.45 . . .

HOUK v. DADE COUNTY, a, 97 So. 2d 272 (Fla. 1957)

. . . considered the notice of appeal as a petition for writ of certiorari pursuant to the provisions of Section 59.45 . . .

MARSHALL, v. BACON, Jr., 97 So. 2d 252 (Fla. 1957)

. . . In our consideration of the matter, however, we accord to appellant the benefit of Section 59.45, Florida . . .

M. SCHEUERMANN v. J. SHAMAS,, 97 So. 2d 314 (Fla. Dist. Ct. App. 1957)

. . . However, under Section 59.45, Fla.Stat., F.S.A., the notice of appeal will be considered as a petition . . .

V. JOHNSON, v. W. EVERY,, 93 So. 2d 390 (Fla. 1957)

. . . However, under Sec. 59.45, Florida Statutes, F.S.A., the notice of appeal will be treated as “petition . . .

HUIE, v. STATE, 92 So. 2d 264 (Fla. 1957)

. . . In that case we treated notice of appeal as a petition for certiorari under Section 59.45, Florida Statutes . . . appeal is dismissed, except insofar as we have treated it as a petition for certiorari under Section 59.45 . . .

CURRY U- DRIVE IT, a v. ROSS,, 89 So. 2d 796 (Fla. 1956)

. . . Section 59.45, F.S.A. may be utilized to “save” this appeal by allowing it to be regarded as a petition . . .

WIDETT, v. WIDETT,, 88 So. 2d 769 (Fla. 1956)

. . . Nothing in this holding is contrary to Sections 59.45, 59.34, 59.35, Florida Statutes, F.S.A., or any . . .

W. ALGER, W. J. Z. a a A, B C K. v. C. PETERS, 88 So. 2d 903 (Fla. 1956)

. . . However, in accord with Section 59.45, Florida Statutes, F.S.A., the notice of appeal will be regarded . . .

A. B. CONNOLLY, v. Z. CONNOLLY,, 86 So. 2d 167 (Fla. 1956)

. . . The appellant filed a notice of appeal which because of the provisions of Section 59.45, Florida Statutes . . .

In FREEMAN D. CAMPBELL,, 84 So. 2d 544 (Fla. 1955)

. . . We consider the appeal as a petition for cer-tiorari under the provision of Section 59.45, Fla.Stat.1953 . . .

THOMAS JEFFERSON, a v. HOTEL EMPLOYEES UNION, LOCAL AFL, 81 So. 2d 731 (Fla. 1955)

. . . Section 59.45, Fla.Stat.1953, F.S.A. . . .

LILLI ANN CORP. a v. K. WILCK, E. s,, 79 So. 2d 677 (Fla. 1955)

. . . The petitioner appealed from what is obviously an interlocutory order, but under Sec. 59.45, Florida . . .

SARASOTA- FRUITVILLE DRAINAGE DISTRICT, a v. CERTAIN LANDS WITHIN SAID DISTRICT UPON WHICH DRAINAGE TAXES FOR THE YEAR HAVE NOT BEEN PAID,, 80 So. 2d 335 (Fla. 1955)

. . . . the outset we note that th,is. record must be regarded as a petition for certiorari under Section 59.45 . . .

DAOUD v. MATZ, 73 So. 2d 51 (Fla. 1954)

. . . Section 59.45, Florida Statutes 1953, F.S.A. . . .

CAMPBELL, 72 So. 2d 59 (Fla. 1954)

. . . We shall consider the appeal as certiorari under the provisions of Section 59.45 Florida Statutes 1953 . . .

BARTOW GROWERS PROCESSING CORP. v. FLORIDA GROWERS PROCESSING COOPERATIVE, 71 So. 2d 165 (Fla. 1954)

. . . While section 59.45, Florida Statutes 1951, F.S.A., provides that an appeal improvidently taken ■ may . . .

STATE v. POWELL, 66 So. 2d 672 (Fla. 1953)

. . . And section 59.45, Florida Statutes 1951, F.S.A., provides: “If an appeal be improvidently taken where . . . that the appeal should be treated as a certiorari proceeding, by virtue of the provisions of section 59.45 . . .

STATE FIRE CASUALTY CO. v. HYNES, 62 So. 2d 723 (Fla. 1952)

. . . regarded and acted on the appeal as though it were a petition for certiorari in compliance with Section 59.45 . . .

In WESTERN PAC. R. CO. WESTERN PAC. R. CO. v. RECONSTRUCTION FINANCE CORPORATION, 124 F.2d 136 (9th Cir. 1941)

. . . $1,000 of indebtedness evidenced by notes now held by it, Railroad Credit Corporation would receive $59.45 . . .

v., 24 B.T.A. 319 (B.T.A. 1931)

. . . July 1 to December 31, 1925 (overpayment)- 954. 65 Calendar year 1926- 1, 643.46 Calendar year 1927--- 59.45 . . .