Legal Opinion
Finley v. State
District Court of Appeal of Florida
Decided October 23, 1964No. 5077PublishedCited by 7 opinions
1Opinion of the Court
WHITE, Judge.
The state has moved to dismiss this criminal appeal on the ground that the notice of appeal was untimely filed. Such appeals must be filed within 90 days from the time of judgment or sentence. Fla.Stat. § 924.09, F.S.A.,1 Rule 6.2, F.A.R., 31 F.S.A.2
In the instant case the last day fell on Sunday, 19 April 1964 and notice of appeal was filed on Monday, 20 April 1964. The defendant contends that the appeal was timely filed under the provisions of Rule 3.18, F.A.R.3 but the state claims that the ninety day statutory period is absolute and cannot be waived or extended by the courts.…
2Cases cited8 opinions
- State Ex Rel. Ervin v. SmithSupreme Court of Florida · 1964
- Counne v. SaffanSupreme Court of Florida · 1956
- Carlile v. SpoffordSupreme Court of Florida · 1953
- Bell v. StateSupreme Court of Florida · 1944
- Evans v. First National Bank in St. PetersburgDistrict Court of Appeal of Florida · 1962
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rubenstein v. Richard Fidlin Corp.District Court of Appeal of Florida · 1977
- State v. JA, JR.District Court of Appeal of Florida · 1979
- Public Health Trust v. GabriloveDistrict Court of Appeal of Florida · 1977
- Canonico v. CallawayDistrict Court of Appeal of Florida · 2010
- Dade County v. Florida National Bank, Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County1974
2 more not listed; retrieve them via the Exa API.