STATE OF FLORIDA EX REL. ANN ALLEN HERRING, RELATOR,
v.
HONORABLE WILLIAM P. ALLEN, AS CHIEF JUDGE, AND SHERMAN N. SMITH, JR., GEORGE T. SHANNON, CHARLES O. ANDREWS, JR., AND WOODIE A. LILES, AS JUDGES OF AND CONSTITUTING THE DISTRICT COURT OF APPEAL, SECOND DISTRICT, STATE OF FLORIDA, AND JERRY EGANTOFF, RESPONDENTS
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The Florida Supreme Court upheld the District Court of Appeal's jurisdiction over an appeal filed within sixty days of the formal written, signed, and recorded judgment, even though it was filed more than sixty days after the initial minute book entry. The Court rejected a strict interpretation of appeal deadlines that would have barred the appeal based on the minute book date alone.
The notice of appeal was timely filed. A judgment is not 'rendered' for purposes of the sixty-day appeal deadline until it has been reduced to writing, signed, and made a matter of record, not when it is merely entered in the minute book.
“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 appeal deadlines.
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Join FLexlaw to unlock all legal intelligenceDefendant prevailed on a directed verdict in a personal injury action. The trial judge entered the verdict in the Circuit Court Minute Book on January…
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This cause is before us on petition for writ of prohibition to the District Court of Appeals, Second District. Relator, successful defendant in a personal injury action for damages, contends the District Court is without jurisdiction of the appeal by Jerry Egantoff, plaintiff in the damage suit, because the notice of appeal was filed more than sixty (60) days from the order sought to be reviewed.
The directed verdict for defendant 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 7, which is within sixty (60) days of the written, signed and recorded Order of the Court, but more than sixty (60) 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.
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 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 requirement of said Rule.”
We find no error.
The motion to dismiss was properly denied. The rule nisi is discharged and the cause dismissed.
It is so ordered.
THORNAL, C. J., and THOMAS, ROBERTS, DREW, O’CONNELL, CALDWELL and HOBSON (Retired), JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (23 total)
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Emp'rs' Fire Ins. Co. v. Cont'l Ins. Co., 326 So. 2d 177 (Fla. 1976)…effect of a judgment as tested by the lower court's loss 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 appeal…
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Gossett v. State, 188 So. 2d 836 (Fla. 2d DCA 1966)…k entry in the record was not an appealable judgment and that an attempted appeal therefrom must be dismissed. The Egan-toff holding of this Court was upheld by the Supreme Court of Florida in State of Florida ex rel. Herring v. Allen, et al., Fla., 189 So. 2d 363, opinion filed May 25, 1966. The case sub judice is an appeal in a criminal case and is ruled by PART VI of the Florida Appellate Rules. Rule 6.2 provides that an appeal by a defendant in a criminal case shall be taken within 90 days “after the jud…
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Scaglione v. Best, 196 So. 2d 22 (Fla. 2d DCA 1967)…ounty. These signatures were located on the bottom of an order carrying over all unfinished items on the docket of the court to the next term. Pursuant to Egantoff v. Herring, Fla. App.1965, 177 So. 2d 260, State ex rel. Herring v. Allen, Fla.1966, 189 So. 2d 363, we dismiss Case No. 7088 and Case No. 7091. In Case No. 7092, the judgment was properly signed by a circuit judge and we direct this opinion to that case. We have reviewed the evidence before-the lower court, as well as the assignments of error i…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Egantoff v. Herring, 177 So. 2d 260 (Fla. 2d DCA 1965)