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Borrego v. Kessler

District Court of Appeal of Florida, Second District
Mar 4, 1966
183 So. 2d 695 (Fla. Dist. Ct. App. 1966)

Opinion

No. 5848.

March 4, 1966.

Appeal from the Circuit Court for Hillsborough County, John Germany, J.

Robert H. Carlton, of Carlton McCown, Tampa, for appellant.

Edward I. Cutler and Michel G. Emmanuel, of Carlton, Fields, Ward, Emmanuel, Smith Cutler, Tampa, for appellees.


The above styled case was argued before this Court on February 24, 1966, at which time the question arose as to whether the appeal was timely filed.

It was suggested to the attorneys for each of the parties that briefs be filed on the question of jurisdiction. Such briefs have been filed and it would seem that, under the factual situation, a petition for rehearing was not filed within the ten day period of the recordation of the final decree, which was September 29, 1964. The petition for rehearing was filed and served below on October 13, 1964. Notice of appeal was filed and served December 30, 1964. Since the petition for rehearing was not timely, it would not toll the time for appeal and, therefore, the appeal herein is dismissed. See Ganzer v. Ganzer, Fla. 1956, 84 So.2d 591; State ex rel. Owens v. Pearson, Fla. 1963, 156 So.2d 4; and Kippy Corporation v. Colburn, Fla. 1965, 177 So.2d 193.

Dismissed.

ALLEN, C.J., and PIERCE, J., and LOVE, WM. K., Associate Judge, concur.


Summaries of

Borrego v. Kessler

District Court of Appeal of Florida, Second District
Mar 4, 1966
183 So. 2d 695 (Fla. Dist. Ct. App. 1966)
Case details for

Borrego v. Kessler

Case Details

Full title:HENRY BORREGO, APPELLANT, v. WALTER H. KESSLER AND I.Z. KESSLER, APPELLEES

Court:District Court of Appeal of Florida, Second District

Date published: Mar 4, 1966

Citations

183 So. 2d 695 (Fla. Dist. Ct. App. 1966)

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