Ed Lane Auto Sales, Inc. v. Weinstein

The appellee moved to dismiss this appeal from a judgment of the civil court of record upon the ground that the same was not timely filed. The notice of appeal was filed 47 days after the rendition of the judgment appealed.

Section 33.11, Fla.Stat., F.S.A., provides in part “ * * * that no matters so appealed shall be had later than one calendar month after the entry of (a) the judgment appealed * * * ” [Emphasis supplied.] Section 59.08, Fla.Stat., F.S.A., provides that appeals shall be taken within 60 days from the entry of the judgment appealed. See, also, F.A.R. 3.2, subd. b, 31 F.S.A.

In…