In re S. Children

District Court of Appeal of Florida

In re S. Children

193 So. 2d 206, 1966 Fla. App. LEXIS 4737

CourtDistrict Court of Appeal of Florida

DecidedDecember 14, 1966

DocketNo. 7256

StatusPublished

This text of 193 So. 2d 206 (In re S. Children) 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

In re S. Children, 193 So. 2d 206, 1966 Fla. App. LEXIS 4737 (Fla. Ct. App. 1966).

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Opinion

HOBSON, Judge.

The appellant appeals from an order of the Juvenile and Domestic Relations Court permanently committing two of S.’s children to the State Department of Public Welfare adoption unit for subsequent adoption and further granting legal custody to the natural father of the two remaining children of S.

A petition for rehearing was filed .and served 61 days after the entry of the .above described order. Assuming, but not holding, that a petition for rehearing is proper in a proceeding before the Juvenile Court, it is apparent that the petition in this cause was not timely served.

Because the time for filing a notice of appeal from the order was not extended for the period of the pendency of the petition for rehearing, as the latter was not timely served, this appeal was not taken within the appealable period. Bannister v. Allen, Fla.App.1961, 127 So.2d 907.

For the reason stated the appeal is hereby dismissed.

SHANNON, Acting C. J., and LILES, J., concur.

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