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Zimmer v. Zimmer

District Court of Appeal of Florida, Fourth District
Oct 18, 1968
215 So. 2d 104 (Fla. Dist. Ct. App. 1968)

Opinion

No. 2493.

October 18, 1968.

Appeal from Circuit Court for Palm Beach County; Hugh MacMillan, Judge.


ORDER

It appears that appellant has grossly failed to comply with the Florida Appellate Rules in the following particulars:

(a) She has failed to pay a filing fee as required by F.A.R. 3.2(a), 32 F.S.A. The time for paying such fee and filing a proper notice of appeal has expired. See State ex rel. Diamond Berk Insurance Agency v. Carroll, Fla. 1958, 102 So.2d 129.

(b) She has erroneously filed a consolidated notice of appeal from two decrees rather than separate notices. See Carroll v. State, Fla.App. 1964, 171 So.2d 196.

(c) In addition, appellant has failed to timely file or cause to be filed assignments of error as required by F.A.R. 3.5(a); the record on appeal as required by F.A.R. 3.6; nor has she caused a copy of her brief to be served as provided by F.A.R. 3.7(a).

Because of paragraph (a) above, this court is without jurisdiction and the appeal must be dismissed ex mero motu. State ex rel. Diamond Berk Insurance Agency v. Carroll, supra; Counne v. Saffan, Fla. 1956, 87 So.2d 586, 587; and Donin v. Goss, Fla. 1956, 69 So.2d 316.

It is so ordered.


Summaries of

Zimmer v. Zimmer

District Court of Appeal of Florida, Fourth District
Oct 18, 1968
215 So. 2d 104 (Fla. Dist. Ct. App. 1968)
Case details for

Zimmer v. Zimmer

Case Details

Full title:DOROTHY ZIMMER, APPELLANT, v. SHIRLEY S. ZIMMER, A SINGLE WOMAN, ET AL.…

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 18, 1968

Citations

215 So. 2d 104 (Fla. Dist. Ct. App. 1968)