Bannister v. Allen

The court is without jurisdiction of this appeal. The decree appealed from was recorded May 9, 1960. A petition for rehearing was served and filed May 23, 1960, after the 10-day period allowed by rule 3.16, Florida Rules of Civil Procedure, 31 F.S.A. for the serving of such a petition. The notice of appeal was filed August 25, 1960, more than 60 days after the rendition of the decree. See rules 1.3 and 3.2, subd. b, Florida Appellate Rules, 31 F.S.A. Because the time for filing appeal from the final decree was not extended for the period of the pen-dency of the petition for rehearing, as the…