JOHNNY SANFORD LOCKE, APPELLANT,
v.
TOM FAIRFIELD BROWN, APPELLEE

Fla. 2d DCA | 1966-09-09
No. 6288
ALLEN, C. J., and SHANNON and PIERCE, JJ., concur.
189 So. 2d 833 Florida District Court of Appeal, Second District (1966) Positive Treatment
Cited by 2 cases

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Synopsis

This case involves an appeal of an unsigned Circuit Court Minute Book entry, which the court determined was not a final judgment. Consequently, the appeal was dismissed.


Holding

No, an unsigned Circuit Court Minute Book entry is not a final judgment or appealable order.


Key Quotes

“upon examination of the record-on-appeal in the above entitled cause, it appears that appellant is attempting to appeal to this Court an unsigned Circuit Court Minute Book entry as a final judgment”

Describes the nature of the appeal and the document being appealed.

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Facts & Procedural History

The appellant attempted to appeal an unsigned entry in the Circuit Court Minute Book, which was not considered a final judgment or appealable order. T…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon examination of the record-on-appeal in the above entitled cause, it appears that appellant is attempting to appeal to this Court an unsigned Circuit Court Minute Book entry as a final judgment

This Court held in Egantoff v. Herring, Fla.App.1965, 177 So.2d 260, that such unsigned Minute Book entry was not an ap-pealable final order or judgment as contemplated by Rules 3.2(b) and 1.3, Florida Appellate Rules, 31 F.S.A., and that therefore an attempted appeal therefrom would have to be dismissed.'

The Egantoff holding of this Court was upheld by the Supreme Court of Florida in State of Florida ex rel. Herring v. Allen, et al., opinion filed May 25, 1966, Fla., 189 So.2d 363.

For the foregoing stated reasons, the appeal herein is dismissed ex mero motu.

ALLEN, C. J., and SHANNON and PIERCE, JJ., concur.


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Citator

Cited By

  • Locke v. Brown, 194 So. 2d 45 (Fla. 2d DCA 1967)
    …s attempting to appeal an unsigned minute book entry. We therefore dismissed the appeal upon the authority of Egantoff v. Herring, 177 So. 2d 260 (D.C.A.Fla.1965); aff’d, State ex rel. Herring v. Allen, 189 So. 2d 363 (Fla.1966). See Locke v. Brown, 189 So. 2d 833 (D.C.A.Fla.1966). Thereafter the parties perfected a formal final judgment and brought this appeal from that judgment. Upon motion by appellant all of the appeal papers, record-on-appeal and briefs of the parties filed in Locke v. [*46] Brown, supr…

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