KENNETH B. MACALPINE AND BRYTE C. MACALPINE, A PARTNERSHIP D/B/A ALPINE NURSING HOME, APPELLANTS,
v.
NORMA MARTIN, AS EXECUTRIX OF THE ESTATE OF MARTHA MOULD, DECEASED, APPELLEE
KENNETH B. MACALPINE AND BRYTE C. MACALPINE, A PARTNERSHIP D/B/A ALPINE NURSING HOME, APPELLANTS,
NORMA MARTIN, AS EXECUTRIX OF THE ESTATE OF MARTHA MOULD, DECEASED, APPELLEE
193 So. 2d 206
Florida District Court of Appeal, Second District (1966)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Upon examination of the record-on-appeal in the instant case, it appears that the appellants are 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., 177 So.2d 260 (1965), 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., opinion filed May 25, 1966, 189 So.2d 363.
For the reasons stated, this appeal is dismissed ex mero motu.
LILES, Acting C. J., and HOBSON and PIERCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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MacALPINE v. Martin, 205 So. 2d 347 (Fla. 2d DCA 1967)…LILES, Chief Judge. This case has been before us previously. At that time it was dismissed because appellants were attempting to appeal from an unsigned minute book entry. MacAlpine v. Martin, Fla.App.1966, 193 So. 2d 206. See Egantoff v. Herring, Fla.App.1965, 177 So. 2d 260. The appeal has now been perfected so this case can be decided on its merits. Appellee, plaintiff below, as executrix of the estate of Martha Mould, brought an action against appellants, defend…
Authorities Cited
- 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)