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Ex parte Leeds11/15/2002
parte City of Montgomery:
"Decisions of district and municipal courts are entitled to a degree of finality. If we were to hold that a circuit court could reinstate a de novo appeal 119 days after it was dismissed, we would be discounting the municipal and the district court judgments -- in effect, rendering them a nullity. There must be a point at which the lower court's decision is to be enforced. That point is 30 days after a circuit court has dismissed a de novo appeal. Our decision here comports with the intent of the Supreme Court when it adopted Rule 30.5(b)." 721 So. 2d at 263.
For the reasons stated above, this petition is due to be, and is hereby, granted. We issue the writ of prohibition and direct Judge Lichtenstein to vacate his order reinstating Barefield's de novo appeal.
PETITION GRANTED; WRIT ISSUED.
McMillan, P.J, and Cobb, Baschab, Shaw, and Wise, JJ., concur.
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