Florida/Georgia Personal Injury & Workers Compensation

...ree. It is our view that the contempt decree herein was interlocutory in nature (see Sec. 59.02(3), Florida Statutes, F.S.A.) and the appropriate method of obtaining review thereof would be by petition for writ of certiorari. However, in accord with Section 59.45, Florida Statutes, F.S.A., the notice of appeal will be regarded by us as a petition for certiorari....

...So even if the orders here were interlocutory in nature, the notice of appeal could be considered as a petition for writ of certiorari. See Eristavitchitcherine v. Miami Beach Federal Savings and Loan Ass'n, 1944, 154 Fla. 100, 16 So.2d 730; Johnson v. Every, Fla. 1957, 93 So.2d 390; and section 59.45, Florida Statutes, F.S.A....

...e authority of Tantillo v. Miliman, Fla. 1956, 87 So.2d 413; Easley v. *331 The Garden Sanctuary, Inc., Fla.App. 1960, 120 So.2d 59, 78 A.L.R.2d 1199; Kautzman v. Bandler, Fla.App. 1960, 118 So.2d 256; Elliott v. Lazar, Fla.App. 1958, 104 So.2d 618; Section 59.45, Florida Statutes, F.S.A....

...We there held that where a motion to vacate an order for forfeiture of a bond raises jurisdictional questions we would consider the alleged error on a petition for certiorari. In that case we treated notice of appeal as a petition for certiorari under Section 59.45, Florida Statutes, F.S.A....

...This opinion is not to be construed as any adjudication of the validity of the capias or any restraint imposed pursuant thereto. For the reasons above announced, the appeal is dismissed, except insofar as we have treated it as a petition for certiorari under Section 59.45, Florida Statutes, F.S.A., and to that extent the petition is denied....

...[3] Rule 1.3, Definitions — Rendition, F.A.R. [4] In Re Estate of Lee (Fla. 1956), 90 So.2d 290. [5] Albert v. Carey (Fla.App. 1960), 120 So.2d 189. [6] LaJoie v. General Motors Acceptance Corporation (Fla.App. 1959), 108 So.2d 497. [7] Rule 4.2(a), F.A.R. [8] F.S. § 59.45, F.S.A....

...It is noted that this matter is brought to us by appeal from an order entered after the final decree. Under the rules applicable at the time this appeal was instituted, the proper procedure to obtain review was by petition for writ of certiorari. However, consistent with Section 59.45, Florida Statutes, F.S.A., we considered the notice of appeal as a petition for certiorari....

...The question of whether the interlocutory appeal was properly dismissed has not been *355 presented here and we expressly refrain from in any way passing upon this question. The only question remaining is whether the action of the district court in treating the plenary appeal as a petition for certiorari under Section 59.45, Florida Statutes 1967, F.S.A., should be disturbed....

...1971), when Mr. Justice Ervin, speaking for this Court, relied on the Armstrong rule in saying that a district court's decision construed our constitution. [2] We recognize that an appeal improvidently taken in this Court shall be treated under Fla. Stat. § 59.45, F.S.A., as a petition for writ of certiorari....

...Finally, in appropriate circumstances — as in the instant case wherein the order was entered following a non-final and unappealable voluntary nonsuit — writ of certiorari may lie as a means of securing review. From the foregoing it is apparent that the improvident appeal must be dismissed. Pursuant to Fla. Stat. 59.45 (1963), F.S.A., the appeal has been considered as a petition for writ of certiorari and upon consideration of the briefs and record, the petition is denied....

...The order of the Chancellor which she seeks to have reviewed is a post-decretal order, is interlocutory in nature and subject to review by certiorari. Randall v. Randall, 158 Fla. 502, 29 So.2d 238. In our consideration of the matter, however, we accord to appellant the benefit of Section 59.45, Florida Statutes, F.S.A....

...eview an order reviewable only by appeal can not be treated as an appeal. See Bartow Growers Processing Corporation v. Florida Growers Processing Cooperative, Fla. 1954, 71 So.2d 165; Jones et al. v. Johnson et al., Fla.App. 1957, 98 So.2d 506; F.S. § 59.45, F.S.A." Since the statute [5] authorizing review of interlocutory orders or decrees in equity by proceedings in the nature of certiorari was superseded by the adoption of Florida Appellate Rule 4.2 providing for interlocutory appeals, it do...

...Implementing the constitutional provision and confirming the position which we here announce is Rule 3.1, Florida Appellate Rules, 31 F.S.A., which reads: "Except where petitions for certiorari are permitted by law or by these rules, all appellate review shall be by appeal." In times past we have, in accord with Section 59.45, Florida Statutes, F.S.A., and our own rule, exercised the power to consider a notice of appeal as a petition for certiorari in an appropriate case....

...of Certiorari," and further providing "that the notices of appeal heretofore filed herein be treated as a Certiorari proceeding and allowed to proceed accordingly." The matter is now before the Court for final disposition as a certiorari proceeding. Section 59.45, Florida Statutes 1953, F.S.A....

...Being interlocutory in nature, it was reviewable at the time of this appeal by writ of certiorari. Section 59.02(3), Fla. Stat., F.S.A.; Connolly v. Connolly, Fla. 1956, 86 So.2d 167; Scheuermann v. Shamas, Fla.App. 1957, 97 So.2d 314. However, in accordance with section 59.45, Fla....

...[2] The interlocutory appeal as to this order was improvidently taken by the appellant inasmuch as an interlocutory appeal is not available to review a lower court order in a common law action. Shearson, Hammill & Co. v. Vouis, Fla.App. 1971, 247 So.2d 733. Pursuant to F.S. Section 59.45, F.S.A., the notice of appeal is treated as a petition for certiorari....

...cases in which it clearly appears that there is no other full, adequate and complete remedy available to the petitioner. The reference there was to the writ as afforded under Article V, § 5(3), Const, of Fla., F.S.A. The reference also applied to F.S. 59.45, F.S.A., which statute permits-an appeal improvidently taken to be treated as a petition for writ of certiorari but....

...Garden Sanctuary, Inc., Fla.App. 1960, 120 So.2d 59, 78 A.L.R. 2d 1199; Lovi v. North Shore Bank, Fla. App. 1962, 137 So.2d 585. We elect to treat the notice of appeal in the present cause as a petition for certiorari. Article V, § 5(3), Florida Constitution (1968), F.S.A.; § 59.45, Fla....

...(Fla.), 100 So.2d 420 (certiorari denied without prejudice to apply for prohibition), and Harper v. State (Fla.), 172 So.2d 454 (certiorari treated as habeas corpus), as examples where we have exercised our authority to treat a misconceived review application in a category invoking our jurisdiction. See also, F.S. Section 59.45, F.S.A., pursuant to which the District Courts have treated misconceived procedural review efforts in another category....

...This is so for the reason that the constitutional or common law writ properly lies only in those cases in which it clearly appears there is no other full, adequate and complete remedy available to the petitioner. [1] Lastly, we are urged to treat the petition here as an interlocutory appeal under F.S. § 59.45, F.S.A., which provides that an appeal improvidently taken may be treated as a petition for writ of certiorari....

...under our practice — does not meet this test. The appellant argues, however, that even if the order is not a "final judgment," this court may treat the appeal as a petition for certiorari and proceed to a review of the order under the provisions of Section 59.45, Florida Statutes, F.S.A., that "If an appeal be improvidently taken where the remedy might have been more properly sought by certiorari, this alone shall not be a ground for dismissal; but the notice of appeal and the record thereon sh...

...he supreme court." This contention might have merit if we were here concerned with an "appeal" from an interlocutory order in chancery, since this court is expressly authorized to review such orders by Section 59.02(3), Florida Statutes, F.S.A.; and Section 59.45, supra, has its principal application in relieving an attorney of the burden of deciding whether a chancery order which he wishes to have reviewed by this court is final or interlocutory, and thus whether he must proceed by way of an appeal or by way of "proceedings in the nature of certiorari" under Section 59.02(3) and 30 F.S.A. Rule 34 of the Supreme Court Rules. But we do not understand that the provisions of Section 59.45 may be invoked to confer upon this court jurisdiction to review orders and judgments of the law courts of this state in any and all cases where an appeal will not lie, and we do not think that the Legislature so intended. In those cases where the showing made on the "appeal" is sufficient to invoke this court's organic power to issue the common-law writ of certiorari to review proceedings at law below, then the provisions of Section 59.45, supra, will save the "appeal." But in the absence of such a showing, the statute is ineffective to do so....

...824, 21 So.2d 904, it was pointed out that an "order * * * dismissing bill of complaint as to certain named defendants was a final judgment as to such defendants reviewable only by appeal * * *." See also Alderman v. Puritan Dairy, 145 Fla. 292, 199 So. 44; Spivey v. Huss, 147 Fla. 527, 3 So.2d 127. While section 59.45, Florida Statutes *166 1951, F.S.A., provides that an appeal improvidently taken may "be regarded and acted on as a petition for certiorari duly presented", it does not provide that a petition for certiorari improvidently filed may be t...

...in this case is a final judgment and an adequate remedy exists by way of appeal. This Court is without authority to consider an improvidently filed petition for certiorari as an appeal. The rule has been stated in Pavey v. Pavey, 112 So.2d 589: "By § 59.45, Fla....

...peals were taken to this Court neither directly passed on the validity of a statute nor construed a provision of either state or federal constitutions. We therefore had no power, authority, or jurisdiction to act on the appeals. It is true that F.S. Section 59.45 F.S.A....

...amount of damages to which appellees may be entitled, in accordance with the fourth defense of the answer filed in the cause by appellant. JOHNSON and SACK, JJ., concur. NOTES [1] Jordan v. Aetna Insurance Company, (Fla.App. 1965) 172 So.2d 483. [2] § 59.45, F.S.A., Misconception of remedy; "If an appeal be improvidently taken where the remedy might have been more properly sought by certiorari, this alone shall not be a ground for dismissal; but the notice of appeal and the record thereon shall...

...This is an appeal by the plaintiff below from an order of the circuit court of Dade County transferring this law action to the civil court of record. At the outset we note the contention of the appellees that the transfer order is not appealable. We treat the appeal as a petition for certiorari, as provided for in § 59.45 Fla....

...Thereupon the city appealed. At the outset we note that this appeal is from a decision rendered by the circuit court in exercise of its appellate jurisdiction. Provision is not made for appeal of such a decision to this court. However, it is provided in § 59.45 Fla....

...The motion *Page 837 was not precisely so worded, but we will treat it as such. The order of which review is sought is not a final judgment and is not appealable. See Section 59.02(1), F.S. 1941, F.S.A. The cause will be treated as on petition for certiorari. See Chapter 23826, Acts 1947, Section 59.45 , F.S....

certiorari, but Chapter 23826, Laws of 1947, F.S.A. § 59.45, provides: "If an appeal be improvidently taken

....District by way of appeal seeks review of this order of the trial court and seeks determination of the constitutionality vel non of Section 298.75, supra. At. the outset we note that th,is. record must be regarded as a petition for certiorari under Section 59.45, F.S.1951, F.S.A., because the order sought to be reviewed is not a final decree....

...county court, or before the county judges' courts, * * *." [2] Article 5, § 5(3), Florida Constitution; State v. Katz (Fla.App. 1959), 108 So.2d 60; State v. Smith (Fla.App. 1960), 118 So.2d 792; Robinson v. State (Fla. 1961), 132 So.2d 3. [3] F.S. § 59.45, F.S.A.; City of Miami Beach v....

such a decision to this court. However, F.S. Section 59.45, F.S.A., provides where an appeal is improvidently

PER CURIAM. This appeal was improvidently taken from a Circuit Court order denying a motion and a petition for certiorari directed to an order of the appellee as Director of *485 the State Beverage Department. This Court, pursuant to Section 59.45, Florida Statutes, F.S.A., which is applicable to District Courts of Appeal of Florida (Alliance for Conservation of Natural Resources in Pinellas County v....

...See also Appeal of Syracuse University (In the Matter of the Estate of Rasey), Fla.App., 105 So.2d 904 , decided this date, where a similar question of fact and law existed.” We shall treat the appeal in this case as a petition for writ of certiorari, as provided by § 59.45, Florida Statutes, F.S....

...nterlocutory orders not relating to venue or jurisdiction over the person are not appeal-able. Rule 4.2 F.A.R., 32 F.S.A. However, this interlocutory appeal is accepted and treated as a petition for certiorari, as *587 authorized and provided for by § 59.45 Fla.Stat., F.S.A....

...A notice of appeal was filed by the defendant, Business Finders, Inc., directed to an order permitting the opening of a default judgment upon stated conditions. Such an order is not appealable. Stuart v. Butts, 78 Fla. 657 , 83 So. 606 . The court has, pursuant to § 59.45, Fla.Stat, F.S.A., considered the appeal as a petition for writ of certiorari....

...our constitutional powers, by certiorari. We think we have such power and so hold. See Alliance for Conservation of Natural Resources in Pinellas County, Florida v. Furen, Fla.App., 104 So.2d 803 . Chapter 23826, Laws of Florida, Acts of 1947 (F.S. § 59.45, F.S.A.), provides: “If an appeal be improvidently taken where the remedy might have been more properly sought by certiorari, this alone shall not be ground for dismissal; but the notice of appeal and the record therein shall be regarded a...

Connolly, Fla.1956, 86 So.2d 167. However, under Section 59.45, Fla.Stat., F.S.A., the notice of appeal will

...iction in cases arising in courts inferior to it. Mutual Benefit Health & Accident Ass’n v. Bunting, 133 Fla. 646 , 183 So. 321 . Consequently, the plaintiff in this cause misconceived his remedy. Nor can it be successfully contended that F.S. Section 59.45, F.S.A....

...The judgments and orders here do not relate to venue or jurisdiction over the person. We have dismissed an appeal from an interlocutory order where the appeal was not taken in accordance with the rule governing interlocutory appeals. Finneran v. Finneran, Fla.App.1962, 137 So.2d 844 . Section 59.45, Florida Statutes....

...From what we have hereinbefore said, we are of the opinion that appeal does not lie to this court from a decision of the Circuit Court sitting as an appellate and not as a trial court, and were it not for Chapter 23826, Laws of Florida, Acts of 1947, (Fla.Stat. 59.45, F.S.A.) we would have to grant the appellees’ motion to dismiss the appeal....

...From their effective date as to proceedings commenced after June 30, 1957, these rules shall supersede all conflicting rules and statutes. All Statutes not superseded hereby or in conflict herewith shall remain in effect as rules promulgated by the Supreme Court.’ (Italics ours.) “The above rule has the effect of making Section 59.45, Fla.Stat, F.S.A., a part of the.Florida Appellate Rules....

...reon as a petition for certio-rari.” We are of the opinion that a circuit court, in a case where an appeal was improvidently taken where the proper review would have been by a petition for certiorari, had the authority to utilize the provisions of Section 59.45, Florida Statutes, F.S.A....

...Rule 4.2, Florida Appellate Rules, 31 F.S.A., provides for the review of interlocutory orders entered in common law actions only when such orders relate to venue or jurisdiction over the person. The jurisdiction of an appellate court cannot be otherwise invoked thereunder in actions at law. 1 F.S. § 59.45, F.S.A., urged by appellants on oral argument, provides little solace....

...This court does not find that defendant has made to appear any departure by the court below from the essential requirements of -law nor any other premise upon which the notice of appeal could be treated and invoked as a petition for writ of certiorari. Section 59.45 Florida Statutes, F.S.A., which permits under appropriate conditions an improvident appeal to be regarded and acted on as a petition for certiorari, cannot be interpreted in such a manner that this appeal can be “saved” through the expedient of regarding it as a petition for certiorari....

...Smith, 139 Fla. 497 , 190 So. 796 . Moreover, if petition for certiorari rather than an appeal had been the proper method for appellant to follow we would have regarded and acted on the appeal as though it were a petition for certiorari in compliance with Section 59.45, F.S.A., Chapter 23826, Laws of Florida, 1947....

...n”. Since this order is not appealable by defendants, we treat the assignments of error and point on appeal as the defendants’ petition for certiorari and limit our scope of review accordingly. State v. Shouse, Fla.App.196S, 177 So.2d 724 ; F.S. § 59.45 F.S.A....

...iew.” In conclusion, we determine that the proper method of securing review of a cost judgment entered following a voluntary dismissal of a cáuse of action is by writ of cer-tiorari. Therefore the interlocutory appeal is dismissed and pursuant to Section 59.45, 2 F.S....

...3.16(c) Reviewable by Petition. If any party shall feel aggrieved by any judgment for costs, said judgment shall be reviewable in the appellate court upon petition, provided the petition is filed within 20 days after the entry of said judgment. . F.S. § 59.45, F.S.A....

...They have failed to carry this burden and by reason thereof, the petition for certiorari should be and it is hereby denied. It is so ordered. Norton, c. j., carroll, chas., J., slnd SMITH, D. R., Associate Judge, concur. . Rule 4.2, subd. a, Florida Appellate Rules, Fla.Stat., 31 F.S.A. . Section 59.45, Fla.Stat., F.S.A.

...The order setting aside a default judgment in an action at law, which petitioner seeks to have us review, is not an appealable order. Rule 4.2(a), Florida Appellate Rules, 32 F.S.A. However, we have treated this interlocutory appeal as a petition for certiorari, as authorized by § 59.45, Fla.Stat., F.S.A.; Kautzman v....

PER CURIAM. 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, 1 regards the *173 notice of appeal and the record herein as a petition for certiorari duly presented to this court....

...The appeal was improvidently filed because interlocutory appeals in common-law actions are limited to those from orders “relating to venue or jurisdiction over the person.” Rule 4.2, subd. a, Florida Appellate Rules, 31 F.S.A. As authorized by.§ 59.45, Fla.Stat., F.S....

...enty-one and entitled to five years’ schooling at the expense of tire government. The petitioner prayed relief from any further payments. The chancellor denied the petition. The appellant filed a notice of appeal which because of the provisions of Section 59.45, Florida Statutes 1953, and F.S.A., we will consider a petition for cer-tiorari, inasmuch as the order attacked was entered subsequent to the final decree, Section 59.02(2) and (3), Florida Statutes 1953, and F.S.A....

...ed as if the proper remedy had been sought; provided that it shall not be the responsibility of the court to seek the proper remedy.” Furthermore, Villa Lyan asserts that pursuant to both article V, section 2(a) of the Florida Constitution1 and section 59.45, Florida Statutes (2014),2 1 Article V, section 2(a), of the Florida Constitution reads in relevant part: “The supreme court shall adopt rules for the practice and procedure in all courts including . . . a requirement that no cause shall be dismissed because an improper remedy has been sought.” 2 Section 59.45, Florida Statutes, entitled “Misconception of remedy; Supreme Court,” specifically states: “If an appeal be improvidently taken where the 3 when a party improperly files a timely notice o...

...n properly invoked. Id. at 998 (quashing appellate division order granting motion to dismiss on basis that improper remedy had been sought); Ceslow v. Bd. of Cnty. Comm’rs, Palm Beach Cnty., 428 So. 2d 701, 702 (Fla. 4th DCA 1983) (finding that section 59.45 and Rule 9.040(c) allow a notice of appeal to be considered petition for certiorari sufficient to invoke the circuit court’s jurisdiction); Swope v. Coryell, 107 So. 2d 153, 155 (Fla. 2d DCA 1958) (holding that circuit court had authority to utilize section 59.45 to treat appeal as petition for certiorari where appeal was remedy might have been more properly sought by certiorari, this alone shall not be a ground for dismissal; but the notice of appeal and the record thereon shall be regarded and acted on as a petition for certiorari duly presented to the Supreme Court.” See also Alliance for Conservation of Natural Res. in Pinellas Cnty. v. Furen, 104 So. 2d 803, 808 (Fla. 2d DCA 1958) (stating that section 59.45 applies to the Supreme Court, the District Courts of Appeal, and the Circuit Courts in the exercise of their appellate jurisdiction). 4 improvidently taken and proper review would have been by petition for certiorari); cf., e.g., Pearce v....

...Every, Fla.1957, 93 So.2d 390 ; Marshall v. Bacon, Fla.1957, 97 So.2d 252 . That practice continued until July 1, 1957, when the present Florida Appellate Rules became effective and the method of review was changed thereby to interlocutory appeal, under present Fla. App.Rule 4.2. 2 By § 59.45, Fla.Stat., F.S.A., when an appeal is improvidently taken where the remedy provided is certiorari, the appeal may be regarded as a petition for certiorari and thus duly considered by the appellate court....

...If unforeseen and unreasonably unexpected damages develop from the result of this taking and its usage, the appellant should certainly be entitled to relief when and if such occurs. The petition for certiorari is therefore denied. WIGGINTON, Acting C. J., and SPEC-TOR, J., concur. . F.S. 59.45, F.S.A.; Couse et ux....

...y’s motion to dismiss the complaint. This appeal by the city followed. The order of which appellant seeks review is not an appealable order. However, we have considered the notice of appeal and the accompanying record as a petition for certiorari. Section 59.45, Fla.Stat., F.S.A.; Alliance for Conservation of Natural Resources v....

PER CURIAM. This is an appeal from an interlocutory order in a cause formerly recognized in chancery. The order assessed costs against an attorney of record in the cause. The attorney has appealed the order. Under the authority of § 59.45, Fla.Stat., F.S.A., and Rule 4.2, F.A.R., 32 F.S.A., we have considered the appeal as a petition for certiorari....

...ned cost items. At the outset we note that the order appealed from is not a final judgment and appealable as such. We will, however, treat the notice of appeal and record as a petition for certiorari and review the order as on certiorari. F.S. 1967, Section 59.45, F.S.A.; Craft v....

Thomasville, Ga., 100 Fla. 748, 130 So. 7. And section 59.45, Florida Statutes 1951, F.S.A., provides: “If

...This cause came on to be heard on motion by petitioner for supersedeas pending the determination by this court of an appeal taken by it from an interlocutory order of the lower court, which appeal is hereby deemed to be and will be considered as a petition for the writ of certiorari. Section 59.45, Fla.Stat.1953, F.S.A....

...we hold that same was improvidently taken. We so hold. Since we find that a justiciable issue meriting immediate review has been shown, we exercise our discretion by treating the instant interlocutory appeal as a petition for writ of certiorari. See Section 59.45, Florida Statutes, F.S.A., and Couse v....

...This order was entered prior to the record on appeal being filed in this cause, pursuant to a stipulation by counsel. After examining the record, briefs and hearing oral argument, these actions seeking review of an interlocutory order in a common law action will be considered as petitions for certiorari, as authorized by § 59.45, Fla....

...bject of an interlocutory appeal in a common law action. 1 We have, nevertheless, considered the merits of defendant’s contention that the trial judge abused his discretion under which defaults may be set aside in proper cases. 2 Upon authority of section 59.45, Fla.Stat., F.S.A., we have considered the notice of appeal as a petition for writ of certiorari, because the notice was promptly filed and no reasonable objection appears to the consideration....

...A petition for writ of certiorari must be filed within thirty days of the order contested. 1 Fla.R.App.P. 9.100(c). *702 Ceslow’s petition to the circuit court was filed beyond this period. However, she contends that, pursuant to Florida Rule of Appellate Procedure 9.040(c) and section 59.45, Florida Statutes (1981), her notice of appeal should be considered to be a petition for certiorari sufficient to invoke the circuit court’s jurisdiction and that her subsequently filed petition should be considered as an amended petition. Section 59.45 provides: Misconception of remedy; Supreme Court....

...2 Presumably, the rule contemplates the filing of an amended petition which satisfies the content requirement of Rule 9.100(e) or, if all briefs have already been filed before the appeal is changed to a petition, the assessment of these briefs in lieu of the assessment of a formal petition. Thus, in our view section 59.45 and Rule 9.040(c) allow Ceslow to use her notice of appeal and associated record as a petition for writ of certiorari....

...ing to allow them a fee for the services of their attorneys incident to a prior appeal of the cause in which appellants were successful. We originally considered the notice of appeal as a petition for writ of certiorari pursuant to the provisions of Section 59.45, Florida Statutes, F.S.A....

...een more properly sought by certiorari, the notice of appeal may be regarded and acted upon as a petition for certiorari and disposed of in accordance with the rules relating to that form of relief. 2 It has been held, however, that: “ * * * While section 59.45, Florida Statutes 1951, F.S.A., provides that an appeal improvidently taken may ‘be regarded and acted on as a petition for certiorari duly presented’, it does not provide that a petition for certiorari improvidently filed may be tr...

...anting partial summary judgment on liability in civil actions, * * * Nothing in this rule shall preclude the review of an interlocutory order in a civil action on appeal from the final judgment as otherwise authorized by these rules * * * ” . F.S. § 59.45, F.S.A....

...A case holding to the contrary, which is relied on by the appellant, appears to stand alone. See Arthurs v. Greyhound Corp., Columbus Munic.Ct., 189 N.E.2d 460 . The order appealed from was not a final judgment but was interlocutory. However, as authorized by § 59.45 Fla.Stat., F.S.A., in such circumstances, we have elected to treat the appeal as a petition for certiorari, and upon consideration thereof have concluded that certiorari must be denied....

PER CURIAM. This matter was initiated as an appeal of an interlocutory order entered in a probate proceeding. We designated the appeal as a petition for certiorari, as provided for by § 59.45, Fla.Stat., F.S.A....

...ain the findings of the Circuit Judge declaring the said Daniel D. ' Campbell incompetent.” It is this order of dismissal that Daniel has brought to this court for review. We consider the appeal as a petition for cer-tiorari under the provision of Section 59.45, Fla.Stat.1953, F.S.A....

...eview an order reviewable only by appeal can not be treated as an appeal. See Bartow Growers Processing Corporation v. Florida Growers Processing Cooperative, Fla.1954, 71 So.2d 165 ; Jones et al. v. Johnson et al., Fla.App.1957, 98 So.2d 506 ; F.S. § 59.45, F.S.A....

...From what we have here-inbefore said, we are of the opinion that appeal does not lie to this court from a decision of the Circuit Court sitting as an appellate and not as a trial court, and were it not for Chapter 23826, Laws of Florida, Acts of 1947 (Fla.Stat. 59.45, F.S.A.), we would have to grant the appellees’ motion to dismiss the appeal....

...From their effective date as to proceedings commenced after June 30, 1957, these rules shall supersede all conflicting rules and statutes. All statutes not superseded hereby or in conflict herewith shall remain in effect as rules promulgated by the Supreme Court.” (Italics ours.) The above rule has the effect of making Section 59.45, Fla.Stat., F.S.A., a part of the Florida Appellate Rules....

...Shaw, Fla. 1958, 99 So.2d 849 ), and its judgment on such certiorari was not appealable to this court (Alliance for Conservation of Natural Resources in Pinellas County v. Furen, Fla. App.1958, 104 So.2d 803 ); but we treat the appeal as a certiorari under § 59.45, Fla.Stat., F.S.A....

...aside and vacated. It is from this latter Order that this appeal is prosecuted by the ward. The appellant has misconceived his remedy and has prosecuted appeal instead of certiorari. We shall consider the appeal as certiorari under the provisions of Section 59.45 Florida Statutes 1953, F.S.A....