Monday, January 25, 2010

Certiorari Cannot Be Used To Circumvent The Deadlines In The Rules Of Appellate Procedure

In Parks v. Citizens Property Insurance Corporation (3D09-2590), the Third District dismissed a petition for certiorari seeking review of an "order in which the trial court denied Parks’ motion to set aside an order that granted the umpire’s Motion to Protect Special Master/Umpire’s Fee and Creation of Lien on October 6, 2008."  The court stated:
We note that certiorari review indeed lies to review final orders such as the order now before us, as provided for in rule 9.030(b)(2)(B), Florida Rules of Appellate Procedure. Certiorari review, however, cannot be used to circumvent the Florida Rules of Appellate Procedure that mandate compliance with the time period limitations imposed for the filing of notices of appeal. See Fla. R. App. P. 9.110(b).


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