Alfonso v. State, Department of Environmental Regulation
Alfonso v. State, Department of Environmental Regulation
Opinion of the Court
The question presented by this appeal is whether a district court of appeal has jurisdiction to entertain an appeal from a final judgment of a circuit court where, as here, (1) the appellant erroneously files a notice of appeal with the district court, rather than the circuit court, and (2) the appellant takes no corrective action to file the notice of appeal in the circuit court within thirty days of the rendition of the final judgment. Based on the controlling and indistinguishable authority of Lampkin-Asam v. District Court of Appeal, 364 So.2d 469 (Fla. 1978), we conclude that the district court has no jurisdiction to entertain such an appeal, and, accordingly, we dismiss the instant appeal sua sponte for lack of jurisdiction.
Nonetheless, we agree that the continuing validity of Lampkin-Asam’s narrow holding may be open to question in view of the Johnson and Skinner cases. We accordingly certify the question stated at the outset of this opinion as being one of great public importance so as to permit further review of this decision by the Florida Supreme Court pursuant to Article V, Section 3(b)(4) of the Florida Constitution.
Appeal dismissed; question certified.
Reference
- Full Case Name
- Cayetano F. ALFONSO and Sunland Estates, Inc. v. STATE of Florida DEPARTMENT OF ENVIRONMENTAL REGULATION
- Cited By
- 4 cases
- Status
- Published