Summary
In Favors v. City of Tampa, 246 So.2d 172 (Fla. 2d DCA 1971), this court granted certiorari and quashed an order of a circuit court sitting in its appellate capacity dismissing an appeal because the record was not timely filed.
Summary of this case from Marrs v. StateOpinion
No. 70-416.
March 31, 1971.
Petition from the Circuit Court for Hillsborough County, Roger D. Flynn, J.
Delano S. Stewart, Tampa, for appellants.
Wm. Reece Smith, Jr., City Atty., and Gerald H. Bee, Asst. City Atty., Tampa, for appellee.
This appeal was improvidently taken from Hillsborough County Circuit Court granting a motion to dismiss an appeal taken by Otha Favors and Sharon Clinkenbeard Favors from their convictions in municipal court. This court, pursuant to Section 59.45, Florida Statutes, F.S.A., which is applicable to District Courts of Appeal of Florida, regards the notice of appeal and the record herein as a petition for certiorari duly presented to this court.
Ludwig v. Cochran, Fla.App. 1959, 114 So.2d 484.
Respondent's Motion to Dismiss was granted since the record-on-appeal was not timely filed with the Circuit Court as per Section 932.52(11) (15), Florida Statutes, F.S.A. and Florida Appellate Rule 3.6, 32 F.S.A. However, we find that the real fault lies with the municipal court clerk since he failed to transmit the record-on-appeal as required by Section 932.52 (10), Florida Statutes, F.S.A. once petitioners, appellants below, had complied with the provisions of Section 932.52(3), Florida Statutes, F.S.A. in perfecting their appeal.
The writ is granted and the Order of Dismissal is quashed. This cause is therefore remanded for further consideration.
PIERCE, C.J., and LILES and HOBSON, JJ., concur.