Legal Opinion

Behm v. Division of Administration, State Department of Transportation

District Court of Appeal of Florida

Decided March 8, 1973No. 72-77PublishedCited by 2 opinions

1Opinion of the Court

WALDEN, Judge.

At the outset — on our motion (with the help of counsels’ invited briefs) — we determine that the appeal is untimely. This leaves us without jurisdiction to consider the merits and causes us to dismiss the appeal.

*546As all know, appeals must be filed within thirty days following rendition in order to vest the appellate court with jurisdiction.1 However, such time period is tolled by the postponement of rendition if a timely post trial motion is made.2 Here, the notice of appeal was filed more than thirty days following the judgment and, as later explained in detail, the appellants…

2Cases cited14 opinions

  1. Cortina v. CortinaSupreme Court of Florida · 1957
  2. Kippy Corporation v. ColburnSupreme Court of Florida · 1965
  3. Ramagli Realty Co. v. CraverSupreme Court of Florida · 1960
  4. Pan American World Airways v. GregoryDistrict Court of Appeal of Florida · 1957
  5. Shell v. State Road DepartmentSupreme Court of Florida · 1961

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3Cited by2 opinions

  1. Pruitt v. BrockDistrict Court of Appeal of Florida · 1983
  2. Behm v. Division of Administration, Dept. of Transp.Supreme Court of Florida · 1974

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