KIAMESHA CONCORD, INC.
v.
BERGER, ET UX.
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This case involves an appeal from an order of the small claims court. The circuit court dismissed the appeal because the appellants failed to file their assignments of error within the required timeframe after filing their notice of appeal.
Yes, the appeal is dismissed because the assignments of error were not filed within the 10-day period required by Florida Appellate Rules after the notice of appeal was filed.
“the appellants did not file their assignments of error pursuant to rule 3.5 (a) of the Florida Appellate Rules in that the assignments of error were not filed within 10 days after notice of appeal had been filed with the clerk of the small claims court”
establishes the basis for the dismissal
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Join FLexlaw to unlock all legal intelligenceThe appellants filed an appeal from an order of the small claims court dated April 27, 1960. The appellee filed a motion to dismiss this appeal. The c…
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The appellee’s motion to dismiss the appeal taken from an order of the small claims court, Dade County, bearing date the 27th day of April, 1960, entered in the above styled cause, and recorded in the records of the small claims court in docket book 54, at page 474, having come on for hearing before me, the undersigned judge, and after argument of counsel, and consideration in the premises, the court finds that the appellants did not file their assignments of error pursuant to rule 3.5 (a) of the Florida Appellate Rules in that the assignments of error were not filed within 10 days after notice of appeal had been filed with the clerk of the small claims court, it is, therefore,
Considered, ordered and adjudged that the appellee’s motion to dismiss be, and the same is hereby granted, and that the appeal taken from said order by the appellants be, and the same is hereby dismissed.