Does a District Court of Appeal Have Jurisdiction to Entertain An Appeal from a Final Judgment of a Circuit Court ?
In Alfonso v. Department of Environmental Regulation, 616 So. 2d 44, 47 (Fla. 1993), the following question was certified to this Court:
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;
(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. 616 So. 2d at 45.
This Court answered the question affirmatively, holding that an appellate court has jurisdiction when the notice is filed "in either the lower court that issued the order to be reviewed or the appellate court which would have jurisdiction to review the order." Id. at 47.In Alfonso, the certified question was expressly limited to the situation where a notice of appeal was erroneously filed with the appellate court rather than the trial court.
Nowhere in Alfonso did this Court explicitly hold that the only situation where a misfiled notice of appeal properly invokes the appellate court's jurisdiction is when the notice is erroneously filed with the appellate court.