IN RE ESTATE OF EARL B. ROGERS, DECEASED
IN RE ESTATE OF EARL B. ROGERS, DECEASED
205 So. 2d 535
Florida District Court of Appeal, Fourth District (1967)
Positive Treatment
Cited by 2 cases
Opinion of the Court
UPON PETITION FOR CLARIFICATION
Our order of June 30, 1967, struck appellant’s petition for rehearing as not being timely filed in that it was applied for more than fifteen days after the filing of our decision. F.A.R. 3.14(a), 31 F.S.A. By way of clarification or elaboration, it was our purpose and we do hold that the fact that the clerk of our court has transmitted a copy of our opinion on the merits to appellant’s counsel by mail did not extend- the time for appellant to apply for rehearing by three days under the terms of F.A.R. 3.4 (b) (3). Cf. In re Walker’s Trust, Fla.App. 1962, 143 So.2d 363, and Harris v. State, Fla.App.1958, 107 So.2d 402.
WALDEN, C. J., and ANDREWS and CROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Franchi v. Fla. Dep't of Commerce, 375 So. 2d 1154 (Fla. 4th DCA 1979)…have noted that the rule with reference to service does not apply to' the strict jurisdictional requirements pertaining to the filing of a notice of appeal. In re Walker's Trust, 143 So. 2d 363 (Fla. 2d DCA 1962). In fact, in In re Estate of Rogers, 205 So. 2d 535 (Fla. 4th DCA 1967) this court noted that the fact that the clerk of this court had transmitted a copy of this court’s opinion on the merits to appellant’s counsel by mail did not extend the time for appellant to apply for a rehearing by three days…
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Grabarnick v. Fla. Homeowners Ass'n OF N. Broward, Inc., 395 So. 2d 1184 (Fla. 4th DCA 1981)…), have noted that the rule with reference to service does not apply to the strict jurisdictional requirement pertaining to the filing of a notice of appeal. In re Walker’s Trust, 143 So. 2d 363 (Fla.2d DCA 1962). In fact, in In re Estate of Rogers, 205 So. 2d 535 (Fla. 4th DCA 1967) this court noted that the fact that the clerk of this court had transmitted a copy of this court’s opinion on the merits to appellant’s counsel by mail did not extend the time for appellant to apply for a rehearing by three days…
Authorities Cited
- In re Tr. Under Will of Grace E. Walker v. The First Nat'l Bank IN ST. Petersburg, 143 So. 2d 363 (Fla. 2d DCA 1962)
- Harris v. State, 107 So. 2d 402 (Fla. 1st DCA 1958)