Casper & Friends, Inc. v. Nelson

ORDER DISMISSING PETITION FOR WRIT OF CERTIORARI AS MOOT

ALTENBERND, Judge.

The narrow, dispositive issue in this proceeding is whether the filing of a petition for certiorari review in a district court, requesting review of an adverse ruling in an appeal from county court to circuit court, results in the abandonment of a motion for rehearing in that appeal. We conclude that the provision in Florida Rule of Appellate Procedure 9.020(h)(3) that deems a motion for rehearing abandoned applies only when a “notice of appeal” is properly filed as the method to seek appellate review. Accordingly, the…