Drummond v. Gerwe, 72--438
| Decision Date | 12 July 1972 |
| Docket Number | No. 72--438,72--438 |
| Citation | 264 So.2d 474 |
| Parties | Beryl DRUMMOND and Nationwide Mutual Insurance Company, Appellants, v. Carl GERWE, Appellee. |
| Court | Florida District Court of Appeals |
This cause is here on appellee's motion to dismiss this appeal as to appellant Nationwide Mutual Insurance Company. The following is a chronology of the events:
March 2, 1972--a final judgment was entered by the Circuit Court for Palm Beach County, Florida, against appellant Nationwide Mutual Insurance Company and its insured Beryl Drummond for $12,000.00 plus costs;
March 3, 1972--a motion was filed by Nationwide Mutual Insurance Company to limit its liability for the amount of the judgment of its supposed policy limits--$10,000.00;
March 3, 1972--a motion for new trial was filed by Nationwide and Drummond;
March 23, 1972--an amended final judgment was entered which amended the original final judgment by limiting the liability of Nationwide to $10,000.00 (the amended final judgment left untouched the original adjudication as against Drummond);
April 3, 1972--an order was entered denying appellants' motion for new trial April 17, 1972--motion to expunge the final judgment of March 2, 1972 on the basis of error;
May 1, 1972--notice of appeal filed on behalf of Drummond and Nationwide referring only to the final judgment of March 2, 1972;
May 15, 1972--order denying motion to expunge, and
May 25, 1972--amended notice of appeal filed on behalf of both defendants purporting to appeal from both the original final judgment of March 2, 1972 and the amended final judgment of March 23, 1972.
The appellee has filed a motion to dismiss on the ground that the second notice of appeal was not timely and the first notice of appeal was directed to a judgment which had been vacated as to appellant Nationwide.
The question is whether or not the original notice of appeal which was filed in the lower court on 1 May 1972 was sufficient to invoke jurisdiction of this court. The answer is in the affirmative. The notice of appeal was timely as to the original final judgment. The original final judgment, although entered on March 2, 1972, was not 'rendered' until April 3, 1972, when the motion for new trial was denied. That at the time the original notice of appeal was filed the...
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...B.G. Leasing, Inc. v. Heider, 372 So.2d 184 (Fla. 3d DCA 1979); Bonura v. Holloway, 334 So.2d 842 (Fla. 4th DCA 1976); Drummond v. Gerwe, 264 So.2d 474 (Fla. 4th DCA 1972); Brick v. Brick, 258 So.2d 7 (Fla. 4th DCA 1971). See generally Annotation, Amendment of Judgment as Affecting Time for......
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Baker v. Emmerson, 2
...court even though the judgment has been amended if the amendment does not substantially alter the original judgment. Drummond v. Gerwe, 264 So.2d 474 (Fla.App.1972). In this case, however, the amended judgment substantially alters the original Although an appellate court construes the notic......
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Chan v. Brunswick Corp., 80-1065
...of the earlier judgment nor a new exercise of discretion, the time for appeal is counted from the earlier judgment. Drummond v. Gerwe, 264 So.2d 474 (Fla. 4th DCA 1972). The summary judgment on appeal here provides in pertinent 1. There is no material issue of fact in dispute with respect t......