IN RE TRUST UNDER WILL OF GRACE E. WALKER, DECEASED. PEARL J. WALKER DENMAN EVANS, FORMERLY PEARL J. WALKER DENMAN, AS NATURAL MOTHER AND NEXT FRIEND OF GRACE IRENE DENMAN, A MINOR, APPELLANT,
v.
THE FIRST NATIONAL BANK IN ST. PETERSBURG, FLORIDA, AND THE AMERICAN LEGION HOSPITAL FOR CRIPPLED CHILDREN, INC., IN ST. PETERSBURG, FLORIDA, APPELLEES
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This case involves an appeal that was dismissed because the notice of appeal was filed one day late, highlighting the strict jurisdictional nature of appeal deadlines in Florida.
No, depositing the notice of appeal in the mail on the 60th day does not satisfy the jurisdictional requirement of filing within the prescribed time limit. The appeal must be filed within the statutory period.
“Therefore, since the appellant did not meet the mandatory requirements of Florida Statute § 59.08 F.S.A., the appeal must be dismissed.”
Establishes the basis for dismissing the appeal due to failure to meet statutory filing requirements.
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Join FLexlaw to unlock all legal intelligenceThe appellant filed a notice of appeal 61 days after the final decree was entered. The deadline for filing was May 14, 1962, which was a Monday and no…
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This cause came on for hearing upon two motions to dismiss the appeal. Examination of the record discloses that the notice of appeal was filed 61 days after the rendition of the final decree. The final decree was entered on March 15, 1962 and the notice of appeal was filed on May 15, 1962 totaling 61 days. May 14, 1962, which was the last day for filing and conferring jurisdiction, was a Monday and was not a legal holiday. Therefore, since the appellant did not meet the mandatory requirements of Florida Statute § 59.08 F.S.A., the appeal must be dismissed.
We deem it advisable once again to emphasize the strict jurisdictional character of Fla.Stat. § 59.08 F.S.A. The appellant’s brief in opposition to the motions to dismiss states that the notice of appeal was deposited in the United States mail on the 60th day. He contends that Florida Appellate Rule 3.4(b) 3 grants an additional three days when the mail is used. This rule with reference to service does not apply to the strict jurisdictional requirements with reference to the filing of the notice of appeal. See Fla.Stat. § 59.08 F.S.A.; Florida Appellate Rule 3.2(b), 31 F.S.A.; Blount v. Hansen, Fla.1961, 133 So.2d 73; Ramagli Realty Co. v. Craver, Fla.1960, 121 So.2d 648; Albert v. Carey, Fla.App.1960, 120 So.2d 189; Dunham v. Pan American Bank of Miami, Fla.App.1960, 118 So.2d 264; Braunstein v. Silhouette, Inc., Fla.App.1959, 113 So.2d 436; Harris v. Condermann, Fla.App.1959, 113 So.2d 235.
KANNER, Acting C. J.,- and WHITE and SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Franchi v. Fla. Dep't of Commerce, 375 So. 2d 1154 (Fla. 4th DCA 1979)…strued F.A.R. 3.4(b)(3), the predecessor to the current Rule 9.420(d), have noted that the rule with reference to service does not apply to' the strict jurisdictional requirements pertaining to the filing of a notice of appeal. In re Walker's Trust, 143 So. 2d 363 (Fla. 2d DCA 1962). In fact, in In re Estate of Rogers, 205 So. 2d 535 (Fla. 4th DCA 1967) this court noted that the fact that the clerk of this court had transmitted a copy of this court’s opinion on the merits to appellant’s counsel by mail did no…
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Gerrald W. Finley v. State, 168 So. 2d 201 (Fla. 2d DCA 1964)…aving fallen on a Monday. After noting that the last day upon which the notice of appeal could have been filed was not a holiday, the Supreme Court dismissed the appeal. This court followed the Blount decision in In Re Walker’s Trust, Fla.App. 1962, 143 So. 2d 363 wherein we said: “ * * * May 14, 1962, which was the last day for filing and conferring jurisdiction, was a Monday and was not a legal holiday. Therefore, since the appellant did not meet the mandatory requirements of Florida Statute § 59.0S F.S.A.…
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Grabarnick v. Fla. Homeowners Ass'n OF N. Broward, Inc., 395 So. 2d 1184 (Fla. 4th DCA 1981)…onstrued F.A.R. 3.4(b)(3), the predecessor to the current Rule 9.420(d), have noted that the rule with reference to service does not apply to the strict jurisdictional requirement pertaining to the filing of a notice of appeal. In re Walker’s Trust, 143 So. 2d 363 (Fla.2d DCA 1962). In fact, in In re Estate of Rogers, 205 So. 2d 535 (Fla. 4th DCA 1967) this court noted that the fact that the clerk of this court had transmitted a copy of this court’s opinion on the merits to appellant’s counsel by mail did not…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ramagli Realty Co. v. Craver, 121 So. 2d 648 (Fla. 1960)
- Harris v. Condermann, 113 So. 2d 235 (Fla. 3d DCA 1959)
- Albert v. Helena Carey, 120 So. 2d 189 (Fla. 3d DCA 1960)
- Blount v. Hansen, 133 So. 2d 73 (Fla. 1961)
- Heaton v. J. N. Rawleigh Co., 118 So. 2d 264 (Fla. 2d DCA 1960)
- Dunham v. PAN Am. Bank OF Miami, 118 So. 2d 264 (Fla. 2d DCA 1960)
- Mielke v. Clermont Builder's Supply, Inc., 113 So. 2d 436 (Fla. 2d DCA 1959)
- Braunstein v. Silhouette, Inc., 113 So. 2d 436 (Fla. 2d DCA 1959)