Azalea Homes, Inc. v. Makela

THOMAS, Justice.

The respondents presented to this Court a motion to dismiss the petition for certio-rari on the ground that it was not filed “within sixty days from the date of the * * * order * * * to be reviewed” as required by Rule 28, 30 F.S.A.

The petition was filed here 6 July 1954 to review an order entered 6 May 1954, sixty-one days earlier.

In Carlile v. Spofford, Fla., 65 So.2d 545, we held that a notice of appeal would vest jurisdiction in this Court, if filed on Monday when the time for appealing expired the Sunday before. Even were we to assume that the rule announced in that case…