THEODORE R. ROBBINS, APPELLANT,
v.
CITY OF TITUSVILLE, APPELLEE
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The Florida Supreme Court dismissed an appeal because it was not filed within the statutory time limit after the final decree and the denial of a rehearing motion. The court found the appeal untimely, leading to its dismissal with prejudice.
No, the appeal was not timely filed. The notice of appeal was filed more than twenty days after the rendition of the final decree, which was effectively April 7, 1965, after the denial of the rehearing motion.
“It is, thereupon Ordered that said appeal not having been taken within twenty days from the date of the rendition of said final decree as provided by Section 75.08, Florida Statutes 1963, F.S.A., be and the same is hereby dismissed with prejudice.”
This quote states the court's decision and the primary reason for dismissal, which is the failure to file the appeal within the statutory time limit.
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Join FLexlaw to unlock all legal intelligenceThe appellant filed an appeal from a final decree validating bonds. The final decree was entered on March 31, 1965. A motion for rehearing was denied …
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Upon consideration of the motion of ap-pellee City of Titusville to dismiss this appeal because of lack of jurisdiction, the Court finds from the certificate of the Clerk of the Circuit Court of Brevard County that the final decree validating the bonds in this cause was entered March 31, 1965; that a motion for rehearing directed to said final decree was duly filed and disposed of by the trial court by an order denying the same, which said latter order was entered April 7, 1965; that, thereafter on, to-wit: April 28, 1965 the appellant Theodore R. Robbins filed his notice of appeal from said final decree which, by virtue of the order *900denying petition for rehearing of April 7, 1965, was rendered on said latter date. It is, thereupon
Ordered that said appeal not having been taken within twenty days from the date of the rendition of said final decree as provided by Section 75.08, Florida Statutes 1963, F.S.A., be and the same is hereby dismissed with prejudice.
It is so ordered.
DREW, C. J., and THOMAS, ROBERTS, THORNAL and O’CONNELL, JJ., concur.