IN RE ESTATE OF WASH HATCHER, DECEASED
IN RE ESTATE OF WASH HATCHER, DECEASED
270 So. 2d 45
Florida District Court of Appeal, First District (1972)
Positive Treatment
Cited by 4 cases
Opinion of the Court
ON MOTION TO DISMISS
The notice of appeal herein not having been timely filed in the office of the clerk of the correct court, we are obliged to grant appellee’s motion to dismiss on jurisdictional grounds, insofar as the same purports to vest this court with jurisdiction to review the order rendered September 18, 1972, by the County Judge’s Court in and for Gadsden County, Florida, in Case No. 2536, therein lately pending. State v. Carroll, 102 So.2d 129 (Fla.1958).
Dismissed.
SPECTOR, C. J., and RAWLS and JOHNSON, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Lampkin-Asam v. Dist. Court OF Appeal, 364 So. 2d 469 (Fla. 1978)…ADJKINS, Acting C. J., and BOYD, OVERTON, HATCHETT and ALDERMAN, JJ., concur. . The Court in Southeast reaffirmed the holdings in State ex rel. Diamond Berk Insurance Agency, Inc. v. Carroll, 102 So. 2d 129 (Fla.1958), and In re Estate of Hatcher, 270 So. 2d 45 (Fla. 1st DCA 1972). . Fla.R.App.P. 9.110(b). . Fla.R.App.P. 9.110(b) provides: “Jurisdiction of the court under this rule shall be invoked by filing two copies of a notice, accompanied by filing fees prescribed by law, with the clerk of the lowe…
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Se. First Nat'l Bank OF Miami v. The Honorable William A. Herin, 357 So. 2d 716 (Fla. 1978)…This question is answered in the affirmative by the decision of this Court in State ex rel. Diamond Berk Insurance Agency, Inc. v. Carroll, 102 So. 2d 129 (Fla.1958), and the decision of the First District Court of Appeal in In re Estate of Hatcher, 270 So. 2d 45 (Fla. 1st DCA 1972). Respondents argue that Diamond Berk and Hatcher are not controlling because Fla.App. Rule 2.1(a)(5)(d)1 was neither referred to nor discussed in either of the opinions and that inasmuch as Court rules take precedence over decis…1 / 2
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Hoffman v. Kye S. Hoffman, 463 So. 2d 517 (Fla. 1st DCA 1985)…District held that the notice was not timely filed and stated that filing in the annex was “the equivalent of filing in the wrong court.” (Citing to Southeast First National Bank of Miami v. Herin, 357 So. 2d 716 (Fla. 1978), and Estate of Hatcher, 270 So. 2d 45 (Fla. 1st DCA 1972)).2 We do not see any constitutional impediment to the practice of filing a notice of appeal with a branch office of the clerk of circuit court in a courthouse annex. The constitutional provision in question states, in part: No…
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- State v. Honorable Charles A. Carroll, 102 So. 2d 129 (Fla. 1958)