JERRY EGANTOFF, APPELLANT,
v.
ANN ALLEN HERRING, APPELLEE
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The appellate court holds that a judgment's "rendition" for purposes of the appeal deadline occurs when the judgment is reduced to writing, signed by the judge, and made a matter of record, not when an unsigned minute book entry is made. The notice of appeal filed 58 days after the formal written judgment was timely, even though it exceeded 60 days from the initial minute book entry.
The appellate court held that under Florida Appellate Rule 1.3, "rendition" of a judgment means it has been reduced to writing, signed, and made a matter of record. The unsigned minute book entry did not satisfy this requirement, so the formal written judgment of March 9, 1965 constituted the rendition for appeal deadline purposes, and the April 7 notice of appeal was timely.
“Florida Appellate Rule 1.3 defines "rendition" of judgment, decision, order or decree to mean that such has been reduced to writing, signed and made a matter of record, or if recording is not required, then filed.”
Establishes the legal standard for when a judgment is considered "rendered" for purposes of the appeal deadline.
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Join FLexlaw to unlock all legal intelligenceA negligence action was tried before a jury. At the conclusion of evidence, the trial judge directed a verdict for the defendant. A minute book entry …
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Defendant Ann Allen Herring moves to dismiss the appeal in this cause on the ground that notice of appeal filed by the plaintiff Jerry Egantoff was not filed within sixty days after the rendition of the judgment.
This is a negligence action which was tried before a jury. At the conclusion of the evidence, the trial judge directed a verdict for the defendant. The verdict was entered on January 5, 1965, in the Circuit Court Minute Book, together with the following statement, “It is, therefore, considered, ordered, adjudged and decreed, that plaintiff, Jerry Egantoff, do by his suit take nothing.”
On March 9, 1965 the trial judge signed a formal judgment which concluded with the words “Ordered and adjudged that plaintiff, Jerry Egantoff, by his cause, take nothing from the defendant * * *.” The judgment was recorded on March 10, 1965. Notice of appeal was filed April 7th, which is within sixty days of the written, signed and recorded Order of the court, but more than sixty days after the original Minute Book, entry of January 5, 1965. The trial judge did not sign the Minute Book before the end of the term of court.
The Minute Book order was entered pursuant to F.S. 28.21(1), F.S.A. which requires the Clerk of the Circuit Court to keep Minute Books “in which he shall keep regular and fair minutes of all the proceedings of the circuit court, and of the judge, in term, which shall be signed by the judge before the adjournment of each term; * * *.” Under F.S. 26.27, F.S.A. the term of court during which the final judgment herein was entered ended on the first Monday of May.
Florida Appellate Rule 3.2(b), 31 F.S.A. provides that appeals shall be commenced *261within sixty days from the rendition of the final decision order, judgment or decree appealed. Florida Appellate Rule 1.3 defines “rendition” of judgment, decision, order or decree to mean that such has been reduced to writing, signed and made a matter of record, or if recording is not required, then filed.
Accordingly, the Minute Book entry of January 5, 1965 was not appealable in that it did not meet the requirements of Florida Appellate Rule 1.3. The judgment entered on March 9, 1965 complied with the requirements of said Rule.
Motion to dismiss denied.
ALLEN, C. J., and SMITH, J., concur.
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Cited By (30 total)
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State of Fla. ex rel. Ann Allen Herring v. Honorable William P. Allen, 189 So. 2d 363 (Fla. 1966)…sign the Minute Book before the end of the term of Court. Defendant below, relator, here, moved to dismiss the appeal on the ground it was not filed within sixty (60) days of the judgment. In denying the motion to dismiss the District Court held: (177 So. 2d 260 [Fla.App.2d 1965]) “Florida Appellate Rule 3.2(b), 31 F.S.A. provides that appeals shall be commenced within sixty days from the rendition of the final decision order, judgment or decree appealed. Florida Appellate Rule 1.3 defines ‘rendition’ of j…
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Emp'rs' Fire Ins. Co. v. Cont'l Ins. Co., 326 So. 2d 177 (Fla. 1976)…of jurisdiction over the lawsuit. The eases set forth in footnote 1 are overruled. Our previous decision that an unsigned minute book entry cannot be appealed, State ex rel. Herring v. Allen, 189 So. 2d 363 (Fla.1966), affirming Egantoff v. Herring, 177 So. 2d 260 (2d Dist.Ct.App.Fla.1965), and its progeny are now moot. The application of this decision with respect to the time for taking appeals shall be prospective only, and it shall not affect appeals pending on the date this decision becomes final. . We r…
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Gossett v. State, 188 So. 2d 836 (Fla. 2d DCA 1966)…same were contained is indicated, but the record does not show that either judgment and sentence has ever been [*838] signed by the Judge, as required by said Rule 1.3 and also by F.S. Section 28.21(1) F.S.A. In Egantoff v. Herring, Fla.App. 1965, 177 So. 2d 260, an appeal in a civil case, this Court held that a judgment which is evidenced only by an unsigned Minute Book entry in the record was not an appealable judgment and that an attempted appeal therefrom must be dismissed. The Egan-toff holding of this…
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