Evans v. First National Bank in St. Petersburg

District Court of Appeal of Florida

Evans v. First National Bank in St. Petersburg

143 So. 2d 363, 1962 Fla. App. LEXIS 3047

CourtDistrict Court of Appeal of Florida

DecidedJuly 18, 1962

DocketNo. 3283

StatusPublished

Cited by6 cases

This text of 143 So. 2d 363 (Evans v. First National Bank in St. Petersburg) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Evans v. First National Bank in St. Petersburg, 143 So. 2d 363, 1962 Fla. App. LEXIS 3047 (Fla. Ct. App. 1962).

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Opinion

PER CURIAM.

This cause came on for hearing upon two motions to dismiss the appeal. Examination of the record discloses that the notice of appeal was filed 61 days after the rendition of the final decree. The final decree was entered on March 15, 1962 and the notice of appeal was filed on May 15, 1962 totaling 61 days. May 14, 1962, which was the last day for filing and conferring jurisdiction, was a Monday and was not a legal holiday. Therefore, since the appellant did not meet the mandatory requirements of Florida Statute § 59.08 F.S.A., the appeal must be dismissed.

We deem it advisable once again to emphasize the strict jurisdictional character of Fla.Stat. § 59.08 F.S.A. The appellant’s brief in opposition to the motions to dismiss states that the notice of appeal was deposited in the United States mail on the 60th day. He contends that Florida Appellate Rule 3.4(b) 3 grants an additional three days when the mail is used. This rule with reference to service does not apply to the strict jurisdictional requirements with reference to the filing of the notice of appeal. See Fla.Stat. § 59.08 F.S.A.; Florida Appellate Rule 3.2(b), 31 F.S.A.; Blount v. Hansen, Fla.1961, 133 So.2d 73; Ramagli Realty Co. v. Craver, Fla.1960, 121 So.2d 648; Albert v. Carey, Fla.App.1960, 120 So.2d 189; Dunham v. Pan American Bank of Miami, Fla.App.1960, 118 So.2d 264; Braunstein v. Silhouette, Inc., Fla.App.1959, 113 So.2d 436; Harris v. Condermann, Fla.App.1959, 113 So.2d 235.

KANNER, Acting C. J.,- and WHITE and SMITH, JJ., concur.

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PER CURIAM.

This cause came on for hearing upon two motions to dismiss the appeal. Examination of the record discloses that the notice of appeal was filed 61 days after the rendition of the final decree. The final decree was entered on March 15, 1962 and the notice of appeal was filed on May 15, 1962 totaling 61 days. May 14, 1962, which was the last day for filing and conferring jurisdiction, was a Monday and was not a legal holiday. Therefore, since the appellant did not meet the mandatory requirements of Florida Statute § 59.08 F.S.A., the appeal must be dismissed.

We deem it advisable once again to emphasize the strict jurisdictional character of Fla.Stat. § 59.08 F.S.A. The appellant’s brief in opposition to the motions to dismiss states that the notice of appeal was deposited in the United States mail on the 60th day. He contends that Florida Appellate Rule 3.4(b) 3 grants an additional three days when the mail is used. This rule with reference to service does not apply to the strict jurisdictional requirements with reference to the filing of the notice of appeal. See Fla.Stat. § 59.08 F.S.A.; Florida Appellate Rule 3.2(b), 31 F.S.A.; Blount v. Hansen, Fla.1961, 133 So.2d 73; Ramagli Realty Co. v. Craver, Fla.1960, 121 So.2d 648; Albert v. Carey, Fla.App.1960, 120 So.2d 189; Dunham v. Pan American Bank of Miami, Fla.App.1960, 118 So.2d 264; Braunstein v. Silhouette, Inc., Fla.App.1959, 113 So.2d 436; Harris v. Condermann, Fla.App.1959, 113 So.2d 235.

KANNER, Acting C. J.,- and WHITE and SMITH, JJ., concur.

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143 So. 2d 363, 1962 Fla. App. LEXIS 3047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-first-national-bank-in-st-petersburg-fladistctapp-1962.

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