JOHN HOLMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN HOLMES, APPELLANT,
STATE OF FLORIDA, APPELLEE
267 So. 2d 344
Florida District Court of Appeal, Fourth District (1972)
Negative Treatment
Cited by 5 cases
Opinion of the Court
It appears that appellant filed his notice of appeal on June 9, 1971. However, his judgment and sentence was not entered until June 14, 1971. Thus, the notice failed to confer jurisdiction upon this court and must be dismissed upon authority of Dam v. David, Fla.App.1969, 227 So.2d 338; Martin v. Martin, Fla.App.1971, 258 So.2d 6; and State ex rel. Herring v. Allen, Fla. 1966, 189 So.2d 363.
Appeal dismissed.
WALDEN, OWEN and MAGER, JJ., concur.
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Williams v. State, 324 So. 2d 74 (Fla. 1975)…en judgment is filed for recording, but before a post-trial motion is decided. This list is not to be considered as delineating the only situations in which this ruling applies. Others may arise in future cases. Thus, cases such as Holmes v. State, 267 So. 2d 344 (Fla.App. 4th 1972), which held that a notice of appeal must be dismissed if filed prematurely, are expressly overruled. Apart from these judgments, decrees, decisions and orders which are required to be recorded, our holding as to the premature fi…
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T-Jett Enters., Inc. v. Ernest & Stewart, Inc., 543 So. 2d 390 (Fla. 3d DCA 1989)…the commission was due “at the closing” were crossed out, and the change was initialed by the buyer and seller in the presence and with the knowledge of the broker’s agent. See Kirsh v. Mannen, 393 So. 2d 63 (Fla. 3d DCA 1981); Gentile v. Abadessa, 267 So. 2d 344 (Fla. 4th DCA 1972). The agent herself then signed the contract on the same page as the changes. Furthermore, there were unrebutted and uncontradicted sworn statements by the seller that the broker’s agent agreed to accept monthly payments of the co…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Ann Allen Herring v. Honorable William P. Allen, 189 So. 2d 363 (Fla. 1966)
- Michael E. DAM, Jr., M.D. v. J. K. David, Jr., M.D., 227 So. 2d 338 (Fla. 1st DCA 1969)
- Martin v. Martin, 258 So. 2d 6 (Fla. 4th DCA 1971)