ROBERT MCGRIFF, APPELLANT,
v.
ANNIE MCGRIFF, APPELLEE
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PER CURIAM.
The appeal in this cause shall stand dismissed unless the appellant within ten days of this order files with the clerk of this court a $50 filing fee as required by Section 35.22(3), Florida Statutes (1979), upon a holding that: (a) Section 57.081, Florida Statutes (1979), does not apply to appellate cases, and, accordingly, does not excuse the appellant as an indigent from filing the above $50 appellate filing fee, Lee v. City of Winter Haven, 386 So. 2d 268 (Fla.2d DCA 1980); (b) the 1980 Amendments to Section 57.081, Florida Statutes (1979), as contained in ch. 80-348, Florida Session Law Service (1980), were not in effect at the time this appeal was filed [July 9,1980] because the bill containing the said 1980 Amendments was not signed by the Governor until July 3, 1980, two days after its contemplated effective date, thereby making the effective date of the bill August 6, 1980, or 60 days after the adjournment sine die of the session of the legislature in which the said bill was enacted, Art. Ill, § 9, Fla.Const.; 1967 Op.Atty. Gen.Fla. 067-49 (August 10, 1967), and, accordingly, the appellant cannot rely on these amendments to excuse the payment of the above $50 appellate filing fee; and, (c) Boddie v. Connecticut, 401 U.S. 371, 91 S.Ct. 780, 28 L.Ed.2d 113 (1971), is, in our view, inapplicable to filing fees in appellate cases and does not hold, as asserted by the appellant, that the equal protection clause of the Fourteenth Amendment requires this court to waive all filing fees in appellate cases to indigent persons.
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Ludlow v. Brinker, 403 So. 2d 969 (Fla. 1981)…” — defining the phrase to mean a “cause of action” — mirrors the general trend of decisions interpreting section 57.081 in other contexts. Florida courts have consistently adopted narrow constructions of the statute. See, e. g., McGriff v. McGriff, 392 So. 2d 914 (Fla.3d DCA 1980) (indigent not entitled to proceed on appeal without payment of filing fee); Hillman v. Federal National Mortgage Association, 375 So. 2d 336 (Fla. 4th DCA 1979), cert. denied, 385 So. 2d 758 (Fla.1980) (same); Harrell v. Department…
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Kleinschmidt v. Est. of Edward E. Kleinschmidt, 392 So. 2d 66 (Fla. 3d DCA 1981)…cent amendment was to authorize the right to appellate review by an indigent person. The term “proceeding,” used in the amended statute, is more encompassing than the term “actionable claim or demand” found in the former statute. McGriff v. McGriff, 392 So. 2d 914 (Fla.3d DCA 1980); Lee v. City of Winter Haven, 386 So. 2d 268 (Fla.2d DCA 1980). Consequently, we find the Legislature has partially abrogated our decision in Bower v. Connecticut General Life Insurance Company, 347 So. 2d 439 (Fla.3d DCA 1977) wh…
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Berwald v. Gen. Motors Acceptance Corp., 570 So. 2d 1109 (Fla. 5th DCA 1990)…effective date of July 1, 1986 the governor did not sign the bill until July 2, 1986. Therefore, the effective date of the bill is August 6, 1986, or sixty days after the legislature adjourned sine die. Art. Ill, § 9, Fla. Const. McGriff v. McGriff, 392 So. 2d 914 (Fla. 3d DCA 1980); 1967 Op.Atty.Gen.Fla. 067-49 (August 10, 1967). . This statute which effectively abrogated the common law dangerous instrumentality doctrine as to the lessor in a long term vehicle lease by providing that such long term lessor i…
Authorities Cited
- Boddie v. Connecticut, 401 U.S. 371 (U.S. 1971)
- LEE v. City OF Winter Haven, 386 So. 2d 268 (Fla. 2d DCA 1980)