Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
ALAMARANTE FIRE DISTRICT and Baker Fire District, Appellants, v. Timothy Pete SMITH, in his capacity as Okaloosa County Property Appraiser, and North Okaloosa Fire District, Appellees.
Upon consideration of the parties' responses to the Court's order of July 12, 2006, the Court has determined that the formal issuance of the writ relates to enforcement of the order, and that the court's failure to issue the writ therefore does not interfere with the finality of the order granting writ of mandamus. Cf. GEICO Financial Servs., Inc. v. Kramer, 575 So.2d 1345, 1347 (Fla. 4th DCA 1991). However, it is also the Court's conclusion that the notice of appeal was not timely filed. The circuit court's republication of its order granting writ of mandamus without any change in substance from the original final order did not accomplish the court's apparent goal of providing an extension of time for seeking appellate review. See, e.g., Thermoplastic & Signs, Inc. v. Metropolitan Dade County, 746 So.2d 1140 (Fla. 3d DCA 2000). Accordingly, the appeal is hereby dismissed as untimely, without prejudice to the institution of appropriate proceedings under Florida Rule of Civil Procedure 1.540.
PER CURIAM.
KAHN, BENTON, and LEWIS, JJ., concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 1D06-3118.
Decided: October 05, 2006
Court: District Court of Appeal of Florida,First District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)