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Locke v. Brown

District Court of Appeal of Florida, Second District
Sep 9, 1966
189 So. 2d 833 (Fla. Dist. Ct. App. 1966)

Opinion

No. 6288.

September 9, 1966.

Appeal from the Circuit Court for Hillsborough County, Oliver C. Maxwell, J.

McClain, Thompson, Turbiville, White Davis, Tampa, for appellant.

David J. Kadyk and Charles W. Pittman, of Macfarlane, Ferguson, Allison Kelly, Tampa, for appellee.


Upon examination of the record-on-appeal in the above entitled cause, it appears that appellant is attempting to appeal to this Court an unsigned Circuit Court Minute Book entry as a final judgment

This Court held in Egantoff v. Herring, Fla.App. 1965, 177 So.2d 260, that such unsigned Minute Book entry was not an appealable final order or judgment as contemplated by Rules 3.2(b) and 1.3, Florida Appellate Rules, 31 F.S.A., and that therefore an attempted appeal therefrom would have to be dismissed.

The Egantoff holding of this Court was upheld by the Supreme Court of Florida in State of Florida ex rel. Herring v. Allen, et al., opinion filed May 25, 1966, Fla., 189 So.2d 363.

For the foregoing stated reasons, the appeal herein is dismissed ex mero motu.

ALLEN, C.J., and SHANNON and PIERCE, JJ., concur.


Summaries of

Locke v. Brown

District Court of Appeal of Florida, Second District
Sep 9, 1966
189 So. 2d 833 (Fla. Dist. Ct. App. 1966)
Case details for

Locke v. Brown

Case Details

Full title:JOHNNY SANFORD LOCKE, APPELLANT, v. TOM FAIRFIELD BROWN, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Sep 9, 1966

Citations

189 So. 2d 833 (Fla. Dist. Ct. App. 1966)

Citing Cases

Locke v. Brown

We therefore dismissed the appeal upon the authority of Egantoff v. Herring, 177 So.2d 260 (D.C.A. Fla.…