Henry v. State

District Court of Appeal of Florida

Henry v. State

163 So. 2d 24, 1964 Fla. App. LEXIS 4692

CourtDistrict Court of Appeal of Florida

DecidedApril 16, 1964

DocketNo. E-392

StatusPublished

Cited by1 cases

This text of 163 So. 2d 24 (Henry v. State) 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

Henry v. State, 163 So. 2d 24, 1964 Fla. App. LEXIS 4692 (Fla. Ct. App. 1964).

Pincite

Opinion

PER CURIAM.

It appearing that since the filing of our decision dated December 10, 1963, Henry v. State, Fla.App., 158 So.2d 807, denying ap-pellee’s motion to dismiss this cause, which motion was based on the ground that the appeal was not filed within ninety (90) days from the date of the judgment appealed, as required by Rule 6.2, Florida Appellate Rules, 31 F.S.A., in the case of State ex rel. Ervin v. Smith, (Fla.) 160 So.2d 518, the Florida Supreme Court rendered an opinion, the effect of which is to reject the rule announced by our said decision in this cause, and it being made to appear that our decision is not in conformity with the rule laid down in State ex rel. Ervin v. Smith, supra, and that said motion to dismiss was well taken.

It is thereupon ordered that our said decision and judgment filed herein on December 10, 1963 be and it is hereby recalled, set aside and held for naught.

It is further ordered that the said motion of the appellee to dismiss this appeal for failure to file notice of appeal within ninety (90) days from the date of the entry of the judgment sought to be appealed be and the same is hereby granted and said appeal is hereby dismissed.

It is so ordered.

STURGIS, C. J., and WIGGINTON and RAWLS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

It appearing that since the filing of our decision dated December 10, 1963, Henry v. State, Fla.App., 158 So.2d 807, denying ap-pellee’s motion to dismiss this cause, which motion was based on the ground that the appeal was not filed within ninety (90) days from the date of the judgment appealed, as required by Rule 6.2, Florida Appellate Rules, 31 F.S.A., in the case of State ex rel. Ervin v. Smith, (Fla.) 160 So.2d 518, the Florida Supreme Court rendered an opinion, the effect of which is to reject the rule announced by our said decision in this cause, and it being made to appear that our decision is not in conformity with the rule laid down in State ex rel. Ervin v. Smith, supra, and that said motion to dismiss was well taken.

It is thereupon ordered that our said decision and judgment filed herein on December 10, 1963 be and it is hereby recalled, set aside and held for naught.

It is further ordered that the said motion of the appellee to dismiss this appeal for failure to file notice of appeal within ninety (90) days from the date of the entry of the judgment sought to be appealed be and the same is hereby granted and said appeal is hereby dismissed.

It is so ordered.

STURGIS, C. J., and WIGGINTON and RAWLS, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

163 So. 2d 24, 1964 Fla. App. LEXIS 4692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-v-state-fladistctapp-1964.

Opinion

Related

Cite This Page — Counsel Stack