Florida District Courts of Appeal, 1985

City of Jacksonville v. St. Johns Bluff Utility Co.

Florida District Courts of Appeal · Decided December 5, 1985 · Ervin, Nimmons, Smith

480 So. 2d 130; 10 Fla. L. Weekly 2690; 1985 Fla. App. LEXIS 17186 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Mathis v. Florida Dept. of Corrections (Fla. Dist. Ct. App. 1999)
Mathis v. Florida Department of Corrections (Fla. Dist. Ct. App. 1999)
RHPC, INC. v. Department of Health (Fla. Dist. Ct. App. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

On October 25, 1985, appellant filed a notice of appeal of Florida Public Service Commission order which was rendered April 16,1985. Admitting that the notice is untimely, appellant filed a contemporaneous motion to certify the following question to the Florida Supreme Court:

MAY THE APPELLATE JURISDICTIONAL TIME RESTRICTIONS BE EXTENDED BY STATE ACTION DEPRIVING A PARTY OF NOTICE OF THE ENTRY OF AN APPEALABLE ORDER?

See Cash v. Smith, 465 So.2d 1294 (Fla. 1st DCA 1985); Upjohn Healthcare v. Dept. H.R.S., 471 So.2d 595 (Fla. 1st DCA 1985); Sulliman v. Dept. of Professional Regulation, 474 So.2d 3 (Fla. 1st DCA 1985), in which the identical question was certified.

*131Appellant alleges that it was not notified that either the recommended order or the final order had been rendered until well after the time for appeal had expired, contrary to the requirements of § 120.57(l)(b)8 and § 120.59(4), Fla.Stat. As more fully explained in Cash, we may assume the truth of appellant’s allegations, and still, the appeal must be dismissed. However, we grant appellant’s motion to certify the above-quoted question, and do so by publication of this order.

Appeal dismissed.

ERVIN, SMITH and NIMMONS, JJ., concur.

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