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.
Fla. Stat. § 59.45
Misconception of remedy; Supreme Court
Applied in 1 court decision — leading case Ogle v. Pepin (1973)
Most recently applied in Ogle v. Pepin (February 1973)
History.--s. 1, ch. 23826, 1947.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.