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Favors v. City of Tampa

District Court of Appeal of Florida, Second District
Mar 31, 1971
246 So. 2d 172 (Fla. Dist. Ct. App. 1971)

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. State

Opinion

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.


Summaries of

Favors v. City of Tampa

District Court of Appeal of Florida, Second District
Mar 31, 1971
246 So. 2d 172 (Fla. Dist. Ct. App. 1971)

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. State
Case details for

Favors v. City of Tampa

Case Details

Full title:OTHA FAVORS AND SHARON CLINKENBEARD FAVORS, APPELLANTS, v. CITY OF TAMPA…

Court:District Court of Appeal of Florida, Second District

Date published: Mar 31, 1971

Citations

246 So. 2d 172 (Fla. Dist. Ct. App. 1971)

Citing Cases

Papp v. State

This circumstance would, in our view, constitute a sufficient basis for the trial court to have set aside its…

Marrs v. State

Although not cited by either party to this appeal, there is one analogous certiorari case. In Favors v. City…