FRANKLIN GRAVER, APPELLANT,
v.
RAMAGLI REALTY CO., A FLORIDA CORPORATION, APPELLEE
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This case involves an appeal that was initially reversed by the appellate court, but the Supreme Court quashed that reversal. The appellate court then dismissed the appeal for lack of jurisdiction as directed by the Supreme Court.
The appellate court does not have jurisdiction to hear the appeal, and therefore, the appeal must be dismissed.
“Whereas, by the mandate of the Supreme Court of Florida now lodged in this court, the cause was remanded with directions to enter an order dismissing the appeal for lack of jurisdiction;”
This quote establishes the Supreme Court's directive to the appellate court regarding the appeal's jurisdiction.
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Join FLexlaw to unlock all legal intelligenceThe appellate court had previously reversed a judgment from the Civil Court of Record. However, the Supreme Court reviewed this decision and quashed t…
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Whereas, the judgment of this court was entered on the 24th day of February, 1959 (109 So.2d 187) reversing the judgment of the Civil Court of Record in and for Dade County, Florida, in the above styled cause; and
Whereas, on review of this court’s judgment by certiorari, the Supreme Court of Florida by its opinion and judgment filed June 8, 1960, 121 So.2d 648, quashed and vacated this court’s judgment of reversal; and
*405Whereas, by the mandate of the Supreme Court of Florida now lodged in this court, the cause was remanded with directions to enter an order dismissing the appeal for lack of jurisdiction;
Therefore, it is Ordered that the above styled and numbered appeal be and it is hereby dismissed for lack of jurisdiction; costs allowed shall be taxed in the Civil Court of Record (Rule 3.16(b) F.A.R., 31 F.S.A.).
HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hilary Davis v. Page, 618 F.2d 374 (5th Cir. 1980)…n appeal. In re Florida Appellate Rules, 211 So. 2d 198 (Fla.1968). Although the reviewing court has no jurisdiction to hear a case after the time for appeal has expired, Ramagli Realty Co. v. Craver, 121 So. 2d 648 (Fla.1960), opinion conformed to, 123 So. 2d 404 (Fla.App.1960), all that is necessary to commence an appeal is the filing of a notice of appeal and the deposit of a filing fee. Rule. 3.2(a). Hall v. Florida State Department of Public Welfare, 226 So. 2d 39, 40 (Fla.App.1969) makes it eminently cl…
Authorities Cited
- Ramagli Realty Co. v. Craver, 121 So. 2d 648 (Fla. 1960)
- Cora Lambert v. Johnson, 109 So. 2d 187 (Fla. 1st DCA 1959)
- Craver v. Ramagli Realty Co., 109 So. 2d 187 (Fla. 3d DCA 1959)