Miami Transit Co. v. Ford

BARKDULL, Judge.

The appellees have moved to dismiss this appeal, contending that the notice of appeal was untimely filed.

The record reveals that the case was tried non-jury and a verdict was rendered on April 25, 1962; a motion for new trial was served on opposing counsel on May 4, 1962, but was not filed until May 10, 1962; the notice of appeal was filed on July 12, 1962. It is the contention of the appellees that the appeal was untimely filed, being 72 days after the entry of the final judgment and, therefore, should be dismissed under the authority of State ex rel. Diamond Berk Insurance…