Williams v. Johntry

Supreme Court of Florida

Williams v. Johntry

201 So. 2d 444, 1967 Fla. LEXIS 3609

CourtSupreme Court of Florida

DecidedJuly 19, 1967

DocketNo. 36470

StatusPublished

This text of 201 So. 2d 444 (Williams v. Johntry) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Williams v. Johntry, 201 So. 2d 444, 1967 Fla. LEXIS 3609 (Fla. 1967).

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Opinion

PER CURIAM.

The District Court in this case dismissed the defendants’ appeal because taken on the 61st day after the date of the final decree. The record shows that the plaintiffs filed a timely motion for rehearing under Rule 3.16 F.R.C.P., 31 F.S.A., which, so far as the record here shows, has not been disposed of. The final decree has, therefore, not become final so the order of dismissal is correct and does not conflict with previous decisions, even though the reasons given therefor are erroneous.

Certiorari denied.

O’CONNELL, C. J., and DREW, THOR-NAL, CALDWELL and ERVIN, JJ., concur.

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PER CURIAM.

The District Court in this case dismissed the defendants’ appeal because taken on the 61st day after the date of the final decree. The record shows that the plaintiffs filed a timely motion for rehearing under Rule 3.16 F.R.C.P., 31 F.S.A., which, so far as the record here shows, has not been disposed of. The final decree has, therefore, not become final so the order of dismissal is correct and does not conflict with previous decisions, even though the reasons given therefor are erroneous.

Certiorari denied.

O’CONNELL, C. J., and DREW, THOR-NAL, CALDWELL and ERVIN, JJ., concur.

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Bluebook (online)

201 So. 2d 444, 1967 Fla. LEXIS 3609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-johntry-fla-1967.