Opinion
No. 6430.
September 9, 1966. On Rehearing October 28, 1966.
Appeal from the Circuit Court for Pinellas County, Richard T. Kelly, J.
Hugh Reams, of Kiernan Reams, St. Petersburg, for appellant.
Howard W. Duke, of Earle, Duke Williams, St. Petersburg, for appellees.
Upon examination of the record-on-appeal in the instant case it appears that the appellant is attempting to appeal to this court an unsigned Circuit Court Minute Book entry as a final judgment.
This court held in Egantoff v. Herring, Fla.App. 1965, 177 So.2d 260, that such a Minute Book entry was not a final judgment and therefore, non-appealable.
The Egantoff holding was upheld by the Supreme Court of Florida in State of Florida, ex rel. Herring v. Allen et al., 189 So.2d 363, opinion filed May 25, 1966.
For the reasons stated, this appeal is dismissed ex mero motu.
SHANNON, Acting C.J., HOBSON, J., and MOODY, JAMES S., Associate Judge, concur.
ON PETITION FOR REHEARING
The original record on appeal showed that the appellant was attempting to appeal an unsigned minute book entry and therefore under the authority of Egantoff v. Herring, Fla.App. 1965, 177 So.2d 260, and State ex rel. Herring v. Allen, Fla. 1966, 189 So.2d 363, we dismissed the appeal ex mero motu.
The petition for rehearing shows that the original record on appeal which contained the unsigned minute book entry was in error and, in fact, the minute book entry which was appealed was signed.
We grant the petition for rehearing and determine the appeal on its merits.
The appellant-plaintiff appeals a judgment entered on a jury verdict in favor of the defendants. The judgment comes to this appellate court clothed with a presumption of correctness and the appellant has the burden of showing reversible error. Appellant having failed to show reversible error, the final judgment is affirmed.
SHANNON, Acting C.J., and MOODY, JAMES S., Associate Judge, concur.