Florida Statute 59.45 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 59
APPELLATE PROCEEDINGS

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59.45 Misconception of remedy; Supreme Court.—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 be regarded and acted on as a petition for certiorari duly presented to the Supreme Court.

History.—s. 1, ch. 23826, 1947.

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Amendments to 59.45

Annotations, Discussions, Cases:

Cases Citing Statute 59.45

Total Results: 73

Alger v. Peters

88 So. 2d 903

Supreme Court of Florida | Filed: Apr 4, 1956 | Docket: 1747845

Cited 21 times | Published

writ of certiorari. However, in accord with Section 59.45, Florida Statutes, F.S.A., the notice of appeal

Thomas v. Cilbe, Inc.

104 So. 2d 397

District Court of Appeal of Florida | Filed: Jul 11, 1958 | Docket: 1691373

Cited 19 times | Published

Johnson v. Every, Fla. 1957, 93 So.2d 390; and section 59.45, Florida Statutes, F.S.A. The appellees also

Levine v. Knowles

197 So. 2d 329

District Court of Appeal of Florida | Filed: Apr 11, 1967 | Docket: 1322445

Cited 17 times | Published

Elliott v. Lazar, Fla.App. 1958, 104 So.2d 618; Section 59.45, Florida Statutes, F.S.A. Under the law of Florida

Huie v. State

92 So. 2d 264

Supreme Court of Florida | Filed: Jan 23, 1957 | Docket: 1723506

Cited 16 times | Published

of appeal as a petition for certiorari under Section 59.45, Florida Statutes, F.S.A. We have followed the

Home News Publishing Co. v. UM Publishing, Inc.

246 So. 2d 117

District Court of Appeal of Florida | Filed: Feb 25, 1971 | Docket: 1329096

Cited 14 times | Published

So.2d 497. [7] Rule 4.2(a), F.A.R. [8] F.S. § 59.45, F.S.A. "If an appeal be improvidently taken where

Chatlos v. City of Hallandale

220 So. 2d 353

Supreme Court of Florida | Filed: Dec 12, 1968 | Docket: 1426544

Cited 13 times | Published

plenary appeal as a petition for certiorari under Section 59.45, Florida Statutes 1967, F.S.A., should be disturbed

Chatlos v. City of Hallandale

220 So. 2d 353

Supreme Court of Florida | Filed: Dec 12, 1968 | Docket: 1426544

Cited 13 times | Published

plenary appeal as a petition for certiorari under Section 59.45, Florida Statutes 1967, F.S.A., should be disturbed

Epperson v. Epperson

101 So. 2d 367

Supreme Court of Florida | Filed: Feb 14, 1958 | Docket: 1326905

Cited 13 times | Published

writ of certiorari. However, consistent with Section 59.45, Florida Statutes, F.S.A., we considered the

Ogle v. Pepin

273 So. 2d 391

Supreme Court of Florida | Filed: Feb 21, 1973 | Docket: 458840

Cited 11 times | Published

in this Court shall be treated under Fla. Stat. § 59.45, F.S.A., as a petition for writ of certiorari.

Ogle v. Pepin

273 So. 2d 391

Supreme Court of Florida | Filed: Feb 21, 1973 | Docket: 458840

Cited 11 times | Published

in this Court shall be treated under Fla. Stat. § 59.45, F.S.A., as a petition for writ of certiorari.

Craft v. Clarembeaux

162 So. 2d 325

District Court of Appeal of Florida | Filed: Mar 27, 1964 | Docket: 2548168

Cited 10 times | Published

improvident appeal must be dismissed. Pursuant to Fla. Stat. 59.45 (1963), F.S.A., the appeal has been considered

Marshall v. Bacon

97 So. 2d 252

Supreme Court of Florida | Filed: Oct 9, 1957 | Docket: 458360

Cited 9 times | Published

however, we accord to appellant the benefit of Section 59.45, Florida Statutes, F.S.A. Her notice of appeal

Shute v. Keystone State Bank

159 So. 2d 106

District Court of Appeal of Florida | Filed: Dec 10, 1963 | Docket: 423720

Cited 8 times | Published

Johnson et al., Fla.App. 1957, 98 So.2d 506; F.S. § 59.45, F.S.A." Since the statute[5] authorizing review

Engel v. City of North Miami

115 So. 2d 1

Supreme Court of Florida | Filed: Oct 14, 1959 | Docket: 1506412

Cited 7 times | Published

appeal." In times past we have, in accord with Section 59.45, Florida Statutes, F.S.A., and our own rule

Kissling v. McCarthy

100 So. 2d 434

District Court of Appeal of Florida | Filed: Feb 11, 1958 | Docket: 1226724

Cited 7 times | Published

97 So.2d 314. However, in accordance with section 59.45, Fla. Stat., F.S.A., the notice of appeal will

Daoud v. Matz

73 So. 2d 51, 1954 Fla. LEXIS 1493

Supreme Court of Florida | Filed: Jun 4, 1954 | Docket: 1796172

Cited 7 times | Published

final disposition as a certiorari proceeding. Section 59.45, Florida Statutes 1953, F.S.A. As to the order

Gettles v. Commercial Bank at Winter Park

276 So. 2d 837

District Court of Appeal of Florida | Filed: Apr 27, 1973 | Docket: 1439461

Cited 6 times | Published

App. 1971, 247 So.2d 733. Pursuant to F.S. Section 59.45, F.S.A., the notice of appeal is treated as

Talmudical Academy of Baltimore v. Harris

238 So. 2d 161, 1970 Fla. App. LEXIS 5923

District Court of Appeal of Florida | Filed: Jul 28, 1970 | Docket: 552509

Cited 5 times | Published

§ 5(3), Florida Constitution (1968), F.S.A.; § 59.45, Fla. Stat., F.S.A. The question before us therefore

Mapoles v. Wilson

122 So. 2d 249, 1960 Fla. App. LEXIS 2332

District Court of Appeal of Florida | Filed: Jun 21, 1960 | Docket: 60195337

Cited 5 times | Published

of Fla., F.S.A. The reference also applied to F.S. 59.45, F.S.A., which statute permits-an appeal improvidently

State Ex Rel. Carter v. Wigginton

221 So. 2d 409

Supreme Court of Florida | Filed: Mar 19, 1969 | Docket: 1664049

Cited 4 times | Published

category invoking our jurisdiction. See also, F.S. Section 59.45, F.S.A., pursuant to which the District Courts

Schneider v. Manheimer

170 So. 2d 75

District Court of Appeal of Florida | Filed: Dec 29, 1964 | Docket: 438074

Cited 4 times | Published

been stated in Pavey v. Pavey, 112 So.2d 589: "By § 59.45, Fla. Stat., F.S.A., when an appeal is improvidently

Fort v. Fort

104 So. 2d 69

District Court of Appeal of Florida | Filed: Jun 17, 1958 | Docket: 1312755

Cited 4 times | Published

petition here as an interlocutory appeal under F.S. § 59.45, F.S.A., which provides that an appeal improvidently

Bartow Growers Proc. Corp. v. Florida Gr. Proc. Coop.

71 So. 2d 165

Supreme Court of Florida | Filed: Jan 29, 1954 | Docket: 2587217

Cited 4 times | Published

Spivey v. Huss, 147 Fla. 527, 3 So.2d 127. While section 59.45, Florida Statutes *166 1951, F.S.A., provides

Hensley v. Palmer

59 So. 2d 851, 1952 Fla. LEXIS 1724

Supreme Court of Florida | Filed: Jul 8, 1952 | Docket: 1249291

Cited 4 times | Published

review of the order under the provisions of Section 59.45, Florida Statutes, F.S.A., that "If an appeal

Aetna Insurance Company v. Jordan

189 So. 2d 408

District Court of Appeal of Florida | Filed: Aug 11, 1966 | Docket: 394186

Cited 3 times | Published

Insurance Company, (Fla.App. 1965) 172 So.2d 483. [2] § 59.45, F.S.A., Misconception of remedy; "If an appeal

Callendar v. State

181 So. 2d 529

Supreme Court of Florida | Filed: Jan 5, 1966 | Docket: 1654039

Cited 3 times | Published

to act on the appeals. It is true that F.S. Section 59.45 F.S.A. authorizes us to treat appeals which

Mendoza v. Farrell

199 So. 2d 750

District Court of Appeal of Florida | Filed: Jun 6, 1967 | Docket: 543448

Cited 2 times | Published

a petition for certiorari, as provided for in § 59.45 Fla. Stat., F.S.A. Tantillo v. Miliman, Fla. 1965

City of Miami Beach v. Eason

194 So. 2d 652

District Court of Appeal of Florida | Filed: Jan 24, 1967 | Docket: 1744483

Cited 2 times | Published

decision to this court. However, it is provided in § 59.45 Fla. Stat., F.S.A. that where an appeal is improvidently

Frazee v. Frazee

185 So. 2d 484

District Court of Appeal of Florida | Filed: Apr 19, 1966 | Docket: 1308074

Cited 1 times | Published

Robinson v. State (Fla. 1961), 132 So.2d 3. [3] F.S. § 59.45, F.S.A.; City of Miami Beach v. O'Hara (Fla.App

Sarasota-Fruitville Drainage District v. Certain Lands Within Said District Upon Which Drainage Taxes for the Year 1952 Have Not Been Paid

80 So. 2d 335

Supreme Court of Florida | Filed: Feb 23, 1955 | Docket: 64486819

Cited 1 times | Published

regarded as a petition for certiorari under Section 59.45, F.S.1951, F.S.A., because the order sought

Jenkins v. State

41 So. 2d 554, 1949 Fla. LEXIS 807

Supreme Court of Florida | Filed: Jul 5, 1949 | Docket: 3272147

Cited 1 times | Published

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

Dade County v. Brigham

40 So. 2d 835, 1949 Fla. LEXIS 1422

Supreme Court of Florida | Filed: May 31, 1949 | Docket: 3273593

Cited 1 times | Published

for certiorari. See Chapter 23826, Acts 1947, Section 59.45, F.S. 1941, F.S.A. and Section 5 of Article

Villa Lyan, Inc. v. Perez

159 So. 3d 940, 2015 Fla. App. LEXIS 3426, 2015 WL 1044346

District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 2640558

Published

of the Florida Constitution 1 and section 59.45, Florida Statutes (2014), 2 when

Ceslow v. Board of County Commissioners

428 So. 2d 701, 1983 Fla. App. LEXIS 19409

District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 64595860

Published

Florida Rule of Appellate Procedure 9.040(c) and section 59.45, Florida Statutes (1981), her notice of appeal

Barnes v. State

248 So. 2d 660, 1971 Fla. App. LEXIS 6559

District Court of Appeal of Florida | Filed: May 19, 1971 | Docket: 64520736

Published

State v. Shouse, Fla.App.196S, 177 So.2d 724; F.S. § 59.45 F.S.A. Briefly, the motion alleged that upon application

Favors v. City of Tampa

246 So. 2d 172, 1971 Fla. App. LEXIS 6794

District Court of Appeal of Florida | Filed: Mar 31, 1971 | Docket: 64519690

Published

in municipal court. This court, pursuant to Section 59.45, Florida Statutes, F.S.A., which is applicable

Sapp v. LaViolette

242 So. 2d 483, 1970 Fla. App. LEXIS 5372

District Court of Appeal of Florida | Filed: Dec 29, 1970 | Docket: 64518074

Published

has been held, however, that: “ * * * While section 59.45, Florida Statutes 1951, F.S.A., provides that

City of Fort Lauderdale v. Couts

239 So. 2d 874, 1970 Fla. App. LEXIS 5883

District Court of Appeal of Florida | Filed: Sep 30, 1970 | Docket: 64516829

Published

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

Keener v. Dunning

238 So. 2d 113, 1970 Fla. App. LEXIS 5893

District Court of Appeal of Florida | Filed: Jul 29, 1970 | Docket: 64516008

Published

review the order as on certiorari. F.S. 1967, Section 59.45, F.S.A.; Craft v. Clarembeaux, Fla.App.1964

Thurman v. Thurman

223 So. 2d 572, 1969 Fla. App. LEXIS 5700

District Court of Appeal of Florida | Filed: Jun 3, 1969 | Docket: 64510203

Published

has appealed the order. Under the authority of § 59.45, Fla.Stat., F.S.A., and Rule 4.2, F.A.R., 32 F

City of Hallandale v. Chatlos

211 So. 2d 53, 1968 Fla. App. LEXIS 5421

District Court of Appeal of Florida | Filed: May 16, 1968 | Docket: 64505588

Published

interlocutory appeal is dismissed and pursuant to Section 59.45,2 F.S. 1967, F.S.A., the plenary appeal is treated

Mac Papers, Inc. v. Coin Machine Acceptance Corp.

210 So. 2d 463, 1968 Fla. App. LEXIS 5563

District Court of Appeal of Florida | Filed: May 14, 1968 | Docket: 64505355

Published

as a petition for certiorari, as authorized by § 59.45, Fla.Stat., F.S.A.; Kautzman v. Bandler, Fla.App

Adams v. Dade County

202 So. 2d 585, 1967 Fla. App. LEXIS 4296

District Court of Appeal of Florida | Filed: Sep 19, 1967 | Docket: 64502354

Published

certiorari, as *587authorized and provided for by § 59.45 Fla.Stat., F.S.A. The issue to be tried de novo

Camp Phosphate Co. v. Marion County

201 So. 2d 793, 1967 Fla. App. LEXIS 4684

District Court of Appeal of Florida | Filed: Jun 8, 1967 | Docket: 64502107

Published

WIGGINTON, Acting C. J., and SPEC-TOR, J., concur. . F.S. 59.45, F.S.A.; Couse et ux. v. Canal Authority et al

Camp Phosphate Co. v. Marion County

194 So. 2d 302, 1967 Fla. App. LEXIS 5249

District Court of Appeal of Florida | Filed: Jan 31, 1967 | Docket: 64499515

Published

appeal as a petition for writ of certiorari. See Section 59.45, Florida Statutes, F.S.A., and Couse v. Canal

Fennell v. Trailways

169 So. 2d 858

District Court of Appeal of Florida | Filed: Dec 22, 1964 | Docket: 64491472

Published

but was interlocutory. However, as authorized by § 59.45 Fla.Stat., F.S.A., in such circumstances, we have

City of Miami Beach v. O'Hara

166 So. 2d 598, 1964 Fla. App. LEXIS 3994

District Court of Appeal of Florida | Filed: Jun 30, 1964 | Docket: 64490334

Published

accompanying record as a petition for certiorari. Section 59.45, Fla.Stat., F.S.A.; Alliance for Conservation

Yarmark v. Botsikas

158 So. 2d 770

District Court of Appeal of Florida | Filed: Dec 20, 1963 | Docket: 60217455

Published

a petition for certiorari, as provided for by § 59.45, Fla.Stat., F.S.A. The administra-trix of an estate

Doby v. Griffin

144 So. 2d 873

District Court of Appeal of Florida | Filed: Oct 3, 1962 | Docket: 60207092

Published

Finneran v. Finneran, Fla.App.1962, 137 So.2d 844. Section 59.45, Florida Statutes. F.S.A., permits this court

Lovi v. North Shore Bank

137 So. 2d 585

District Court of Appeal of Florida | Filed: Feb 8, 1962 | Docket: 60201208

Published

as petitions for certiorari, as authorized by § 59.45, Fla. Stat., F.S.A.; Tantillo v. Miliman, Fla.

Cast-Crete Corp. v. Prater

134 So. 2d 813

District Court of Appeal of Florida | Filed: Nov 8, 1961 | Docket: 60220879

Published

invoked as a petition for writ of certiorari. Section 59.45 Florida Statutes, F.S.A., which permits under

Turner v. Turner

132 So. 2d 345

District Court of Appeal of Florida | Filed: Aug 4, 1961 | Docket: 60198122

Published

Johnson et al., Fla.App.1957, 98 So.2d 506; F.S. § 59.45, F.S.A. The chancery order herein involved should

Republic of Cuba v. Ritter

130 So. 2d 98, 1961 Fla. App. LEXIS 2735

District Court of Appeal of Florida | Filed: May 15, 1961 | Docket: 60197658

Published

Florida Appellate Rules, Fla.Stat., 31 F.S.A. . Section 59.45, Fla.Stat., F.S.A.

Bursten v. Cooper

127 So. 2d 134

District Court of Appeal of Florida | Filed: Feb 23, 1961 | Docket: 60196784

Published

set aside in proper cases.2 Upon authority of section 59.45, Fla.Stat., F.S.A., we have considered the notice

Business Finders, Inc. v. Winston

123 So. 2d 50

District Court of Appeal of Florida | Filed: Sep 19, 1960 | Docket: 60195745

Published

Fla. 657, 83 So. 606. The court has, pursuant to § 59.45, Fla.Stat, F.S.A., considered the appeal as a petition

Kautzman v. Bandler

118 So. 2d 256, 1960 Fla. App. LEXIS 2754

District Court of Appeal of Florida | Filed: Mar 3, 1960 | Docket: 60194377

Published

Florida Appellate Rules, 31 F.S.A. As authorized by.§ 59.45, Fla.Stat., F.S. A., we have treated the appeal

Ludwig v. Cochran

114 So. 2d 484

District Court of Appeal of Florida | Filed: Sep 24, 1959 | Docket: 60193267

Published

Beverage Department. This Court, pursuant to Section 59.45, Florida Statutes, F.S.A., which is applicable

Shepard v. Curl

114 So. 2d 640

District Court of Appeal of Florida | Filed: Sep 2, 1959 | Docket: 60193365

Published

petition for writ of certiorari, as provided by § 59.45, Florida Statutes, F.S. A. This case comes to us

Pavey v. Pavey

112 So. 2d 589, 1959 Fla. App. LEXIS 2951

District Court of Appeal of Florida | Filed: Jun 9, 1959 | Docket: 60192612

Published

interlocutory appeal, under present Fla. App.Rule 4.2.2 By § 59.45, Fla.Stat., F.S.A., when an appeal is improvidently

Wright v. Roller

111 So. 2d 485, 1959 Fla. App. LEXIS 2866

District Court of Appeal of Florida | Filed: Apr 28, 1959 | Docket: 60192385

Published

but we treat the appeal as a certiorari under § 59.45, Fla.Stat., F.S.A. See Alliance for Conservation

Longo v. Collins

106 So. 2d 1

District Court of Appeal of Florida | Filed: Oct 14, 1958 | Docket: 60191068

Published

otherwise invoked thereunder in actions at law.1 F.S. § 59.45, F.S.A., urged by appellants on oral argument,

Swope v. Coryell

107 So. 2d 153

District Court of Appeal of Florida | Filed: Oct 3, 1958 | Docket: 60191327

Published

Chapter 23826, Laws of Florida, Acts of 1947, (Fla.Stat. 59.45, F.S.A.) we would have to grant the appellees’

Appeal of Syracuse University

105 So. 2d 904

District Court of Appeal of Florida | Filed: Sep 12, 1958 | Docket: 60191040

Published

Chapter 23826, Laws of Florida, Acts of 1947 (F.S. § 59.45, F.S.A.), provides: “If an appeal be improvidently

Alliance for Conservation of Natural Resources in Pinellas County v. Furen

104 So. 2d 803

District Court of Appeal of Florida | Filed: Aug 1, 1958 | Docket: 60190707

Published

Chapter 23826, Laws of Florida, Acts of 1947 (Fla.Stat. 59.45, F.S.A.), we would have to grant the appellees’

Houk v. Dade County

97 So. 2d 272

Supreme Court of Florida | Filed: Dec 4, 1957 | Docket: 64489488

Published

of certiorari pursuant to the provisions of Section 59.45, Florida Statutes, F.S.A. We did this on the

Scheuermann v. Shamas

97 So. 2d 314

District Court of Appeal of Florida | Filed: Oct 8, 1957 | Docket: 64489637

Published

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

Curry U-Drive It, Inc. v. Ross

89 So. 2d 796

Supreme Court of Florida | Filed: Oct 5, 1956 | Docket: 64488449

Published

can it be successfully contended that F.S. Section 59.45, F.S.A. may be utilized to “save” this appeal

Connolly v. Connolly

86 So. 2d 167, 1956 Fla. LEXIS 3642

Supreme Court of Florida | Filed: Mar 14, 1956 | Docket: 64487902

Published

of appeal which because of the provisions of Section 59.45, Florida Statutes 1953, and F.S.A., we will

In re Freeman

84 So. 2d 544

Supreme Court of Florida | Filed: Dec 2, 1955 | Docket: 64487494

Published

petition for cer-tiorari under the provision of Section 59.45, Fla.Stat.1953, F.S.A. In support of his motion

Thomas Jefferson, Inc. v. Hotel Employees Union, Local 255

81 So. 2d 731, 1955 Fla. LEXIS 3643

Supreme Court of Florida | Filed: Jul 27, 1955 | Docket: 64487009

Published

considered as a petition for the writ of certiorari. Section 59.45, Fla.Stat.1953, F.S.A. The order brought here

Petition of Campbell

72 So. 2d 59, 1954 Fla. LEXIS 1393

Supreme Court of Florida | Filed: Apr 20, 1954 | Docket: 64485479

Published

appeal as certiorari under the provisions of Section 59.45 Florida Statutes 1953, F.S.A. In the case of

State v. Powell

66 So. 2d 672, 1953 Fla. LEXIS 1589

Supreme Court of Florida | Filed: Jul 28, 1953 | Docket: 64484698

Published

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

State Fire & Casualty Co. v. Hynes

62 So. 2d 723, 1952 Fla. LEXIS 1932

Supreme Court of Florida | Filed: Nov 21, 1952 | Docket: 64483938

Published

petition for certiorari in compliance with Section 59.45, F.S.A., Chapter 23826, Laws of Florida, 1947

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