Fla. Stat. § 59.45 : Civil Practice And Procedure — Appellate Proceedings — Misconception of remedy; Supreme Court Date: 26 Apr 2016 TEXT PDF Current through Chapter 269 of the 2016 Legislative Session 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 s. 1, ch. 23826, 1947.