WILLIAM LEROY BULL, APPELLANT,
v.
CONSTANCE ROY AND JOHN D. HARRISON, APPELLEES
Upon examination of the record-on-appeal in the instant case it appears that the 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 a Minute Book entry was not a final judgment and therefore, non-appealable.
’The Egantoff holding was upheld by the Supreme Court of Florida in State of Florida, ex rel. Herring v. Allen et al., 189 So.2d 363, opinion filed May 25, 1966.
For the reasons stated, this appeal is dismissed ex mero motu.
SHANNON, Acting C. J., HOBSON, J., and MOODY, JAMES S., Associate Judge, concur.
ON PETITION FOR REHEARING
The original record on appeal showed that the appellant was attempting to appeal an tmsigned minute book entry and therefore under the authority of Egantoff v. Herring, Fla.App.1965, 177 So.2d 260, and State ex rel. Herring v. Allen, Fla. 1966, 189 So.2d 363, we dismissed the appeal ex mero motu.
The petition for rehearing shows that the original record on appeal which contained the unsigned minute book entry was in error and, in fact, the minute book entry which was appealed was signed.
We grant the petition for rehearing and determine the appeal on its merits.
.The appellant-plaintiff appeals a judgment entered on a jury verdict in favor of the defendants. The judgment comes to this appellate court clothed with a presumption of correctness and the appellant has the burden of showing reversible error. Appellant having failed to show reversible error, the final judgment is affirmed.
SHANNON, Acting C. J.,- and MOODY, JAMES S., Associate Judge, concur.
HOBSON, Judge.
The original record on appeal showed that the appellant was attempting to appeal an tmsigned minute book entry and therefore under the authority of Egantoff v. Herring, Fla.App.1965, 177 So. 2d 260, and State ex rel. Herring v. Allen, Fla. 1966, 189 So. 2d 363, we dismissed the appeal ex mero motu.
The petition for rehearing shows that the original record on appeal which contained the unsigned minute book entry was in error and, in fact, the minute book entry which was appealed was signed.
We grant the petition for rehearing and determine the appeal on its merits.
.The appellant-plaintiff appeals a judgment entered on a jury verdict in favor of the defendants. The judgment comes to this appellate court clothed with a presumption of correctness and the appellant has the burden of showing reversible error. Appellant having failed to show reversible error, the final judgment is affirmed.
SHANNON, Acting C. J.,- and MOODY, JAMES S., Associate Judge, concur.
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Emp'rs' Fire Ins. Co. v. Cont'l Ins. Co., 326 So. 2d 177 (Fla. 1976)…which the minute book entry13 or the judgment document is signed. The decision below is reversed for further proceedings consistent with this opinion.14 ADKINS, C. J., ROBERTS and OVER-TON, JJ., and CHAPPELL, Circuit Judge, concur. . Bull v. Roy, 191 So. 2d 285, 286 (2d Dist.Ct. App.Fla.1966); Trombley v. Jennings, 189 So. 2d 516, 517 (2d Dist.Ct.App.Fla.1966); City of St. Petersburg v. Ferguson, 193 So. 2d 648, 650 (2d Dist.Ct.App.Fla.1967); Scaglione v. Best, 196 So. 2d 22 (2d Dist.Ct.App.Fla.1967). . T…
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State v. Sexton, 283 So. 2d 578 (Fla. 2d DCA 1973)…determination. The trial judge signed the minute book entry granting appellees’ motions to dismiss; the date appearing on the minute book entry shows it to be October 11, 1972. A signed minute book entry is appealable. See Bull v. Roy, Fla.App.1966, 191 So. 2d 285. In addition, the notice of interlocutory appeal filed by the appellant in each case recites that the order appealed was granted by the trial judge on October 11, 1972, and and recorded in circuit court minute book 94, page 195, Pinellas County, on…
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City OF ST. Petersburg v. Ferguson, 193 So. 2d 648 (Fla. 2d DCA 1966)…ows that the original record-on-appeal which contained the unsigned minute book entry was in error and, in fact, the minute book entry appealed was signed. We grant the petition for rehearing and determine the appeal on its merits. Cf. Bull v. Roy, 191 So. 2d 285 (D.C.A.Fla.1966). Appellant, defendant below, appeals from a. judgment rendered pursuant to a jury verdict in favor of appellees, plaintiffs below.' Defendant city sponsored a recreational program at Woodlawn Youth Center in St. Petersburg which c…
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- Egantoff v. Herring, 177 So. 2d 260 (Fla. 2d DCA 1965)
- State of Fla. ex rel. Ann Allen Herring v. Honorable William P. Allen, 189 So. 2d 363 (Fla. 1966)