Carlile v. Spofford

ROBERTS, Chief Justice.

The Notice of Appeal in this case was filed 61 days after the date of the entry of the decree appealed from, the 60th day having fallen on Sunday. The question here is whether, in these circumstances, the Notice of Appeal was timely filed.

Section 59.08, Florida Statutes, F.S.A., provides that appeals shall be taken or filed “within sixty days from and after the entry of the order, decision, judgment, or decree appealed from.” And in Simmons v. Hanne, 50 Fla. 267, 39 So. 77, 79, this court held that the rule that “where the time within which, by an order or rule,…