CHARLES E. BRICK, APPELLANT,
v.
NANCY J. BRICK, APPELLEE
CHARLES E. BRICK, APPELLANT,
NANCY J. BRICK, APPELLEE
258 So. 2d 7
Florida District Court of Appeal, Fourth District (1971)
Positive Treatment
Also reported at: 252 So. 2d 301
Cited by 6 cases
Opinion of the Court
This appeal must be and is dismissed for lack of jurisdiction. There was no petition for rehearing addressed to the final judgment recorded on January 20, 1971. Although an amendment to the final judgment was filed January 29, 1971, it was clerical in nature only and did not affect any of the rights of the parties as determined in the final judgment. Hence, the time for taking an appeal from the final judgment was not affected. Betts v. Fowelin, Fla.App.1967, 203 So.2d 630. The notice of appeal was filed February 23, 1971. This being more than 30 days after the rendition of the final judgment, this court is without jurisdiction of the appeal.
Appeal dismissed.
REED, C. J., and CROSS and OWEN, JJ-, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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First Cont'l Corp. v. Bashir H. Khan, 605 So. 2d 126 (Fla. 5th DCA 1992)…li v. Pagano, 492 So. 2d 796, 796-797 (Fla. 2d DCA 1986); B.G. Leasing, Inc. v. Heider, 372 So. 2d 184 (Fla. 3d DCA 1979); Bonura v. Holloway, 334 So. 2d 842 (Fla. 4th DCA 1976); Drummond v. Gerwe, 264 So. 2d 474 (Fla. 4th DCA 1972); Brick v. Brick, 258 So. 2d 7 (Fla. 4th DCA 1971). See generally Annotation, Amendment of Judgment as Affecting Time for Taking or Prosecuting Appellate Review Proceedings, 21 A.L.R.2d 280 (1952). This rule is mainly predicated on the notion that the issuance of an amended judgm…
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Norm Burg Constr. Corp. v. Jupiter Inlet Corp., 514 So. 2d 1102 (Fla. 1987)…l. Diamond Berk Insurance Agency v. Carroll, 102 So. 2d 129 (Fla.1958); Counne v. Saffan, 87 So. 2d 586 (Fla.1956); Lehmann v. [*1107] Cloniger, 294 So. 2d 344 (Fla. 1st DCA 1974); Sparks v. State, 262 So. 2d 251 (Fla. 4th DCA 1972); Brick v. Brick, 258 So. 2d 7 (Fla. 4th DCA 1971). We hold that an appeal taken from one final judgment cannot provide a basis for appellate review of a subsequently rendered, separate and independent final judgment. We therefore answer the certified question in the negative. T…
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Patrick v. Brown, 603 So. 2d 512 (Fla. 3d DCA 1992)…the appeal time from a final judgment is not extended by the entry of an amended judgment which does not materially affect the initial one, this appeal is dismissed as untimely. Bonura v. Holloway, 334 So. 2d 842 (Fla. 4th DCA 1976); Brick v. Brick, 258 So. 2d 7 (Fla. 4th DCA 1971); see St. Moritz Hotel v. Daughtry, 249 So. 2d 27 (Fla.1971).…
Authorities Cited
- Betts v. Fowelin, 203 So. 2d 630 (Fla. 4th DCA 1967)