SAM RODRIGUEZ, APPELLANT,
v.
BRUCE MEEKS AND AMALIA MEEKS, HIS WIFE, APPELLEES

Fla. 2d DCA | 1972-04-12
No. 71-806
LILES, A. C. J., and HOBSON and MANN, JJ., concur.
260 So. 2d 241 Florida District Court of Appeal, Second District (1972) Caution
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant filed his notice of appeal on November 8, 1971 appealing a final judgment entered on October 6, 1971. The notice of appeal having been filed more than 30 days from the entry of the final judgment, this court does not have jurisdiction of the cause and, therefore, the appeal is dismissed ex mero motu.

LILES, A. C. J., and HOBSON and MANN, JJ., concur.


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  • Stack v. State of Fla. ex rel. Anthony John Morgan, 381 So. 2d 366 (Fla. 4th DCA 1980)
    …aid language addresses the issue of probable cause, not whether the affidavit “substantially charge a crime under the laws of the demanding state.” It is the latter only with which the asylum state is concerned. [*370] State, ex rel. Dyer v. Wilson, 260 So. 2d 241 (Fla. 4th DCA 1972). To the extent that the foregoing language in Cossette or any other language therein suggests that the courts in Florida, as the asylum state, are to examine affidavits and hear testimony in extradition proceedings to determine…
  • State of Fla. ex rel. John Meyers v. Miller, 388 So. 2d 1358 (Fla. 5th DCA 1980)
    …a crime under the laws of the state. Whether the affidavit before the magistrate in the demanding state substantially charges a crime is a jurisdictional prerequisite essential to the issuance of the rendition warrant. State ex rel. Dyer v. Wilson, 260 So. 2d 241 (Fla. 4th DCA 1972). The test is whether the affidavit substantially charges a crime under the law of the demanding state. See § 941.03, Fla.Stat. (1979); Chase v. Chase, 93 Fla. 963, 103 So. 113 (1927). In Cossette v. State, 221 So. 2d 427 (Fla. 4…
  • Stack v. State of Fla. ex rel. Robert Ebbole, 284 So. 2d 472 (Fla. 4th DCA 1973)
    …as been in factj however inartificially, charged with crime in the state from which he has fled. See, also, Munsey v. Clough, supra, [196 U.S. 364, 25 S.Ct. 282, 49 L.Ed. 515].” (Emphasis added.) See also State ex rel. Dyer v. Wilson, Fla.App.1972, 260 So. 2d 241; Buchanan v. State ex rel. Sowerwine, Fla.App.1965, 171 So. 2d 564. The affidavit or complaint in the case sub judice contains sufficient allegations of such nature as to substantially charge ap-pellee with a crime against the laws of the demanding…

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