JONES CONTRACTING CO., INC., A FLORIDA CORPORATION, APPELLANT,
v.
ORANGE RIVER GROVES, INC., A FLORIDA CORPORATION, ET AL., AND THE FIRST NATIONAL BANK AND TRUST CO. IN MACON, GEORGIA, APPELLEES
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The appellate court dismissed an appeal because the notice of appeal was filed more than 60 days after the final decree, divesting the court of jurisdiction. The court also noted that the other items attempted to be appealed were not appealable orders.
No, the appellate court does not have jurisdiction to hear an appeal filed more than 60 days after the final decree. No, a "Certificate of Sale" and a "Certificate of Disbursements" are not appealable orders.
“It is observed that the notice of appeal was filed more than 60 days from the rendition of the final decree, to-wit, 62 days. Therefore, we have no jurisdiction to review the final decree entered in the court below and this appeal must be dismissed.”
Establishes the primary reason for dismissal based on the untimely filing of the notice of appeal.
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Join FLexlaw to unlock all legal intelligenceJones Contracting Co., Inc. appealed a final decree that determined the priority of its lien and set a sale date for property in a mortgage foreclosur…
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Appellant appeals a final decree rendered April 28, 1967, which determined the priority of the appellant’s lien and set a sale date for the sale of the property in this mortgage foreclosure.
The appellant’s notice of appeal was filed on June 29, 1967.
It is observed that the notice of appeal was filed more than 60 days from the rendition of the final decree, to-wit, 62 days. Therefore, we have no jurisdiction to review the final decree entered in the court below and this appeal must be dismissed.
The appellant in its notice of appeal attempts to appeal the “Certificate of Sale” and the “Certificate of Disbursements.” Both of these certificates are entered by the Clerk of the Circuit Court and are not appealable.
For the reasons stated above this appeal is sua sponte dismissed.
ALLEN, Acting C. J., and PIERCE and HOBSON, JJ., concur.