Hatcher's Estate, In re, S-104

Decision Date12 December 1972
Docket NumberNo. S-104,S-104
PartiesIn re ESTATE of Wash HATCHER, Deceased.
CourtFlorida District Court of Appeals

PER CURIAM.

The notice of appeal herein not having been timely filed in the office of the clerk of the correct court, we are obliged to grant appellee's motion to dismiss on jurisdictional grounds, insofar as the same purports to vest this court with jurisdiction to review the order rendered September 18, 1972, by the County Judge's Court in and for Gadsden County, Florida, in Case No. 2536, therein lately pending. State v. Carroll, 102 So.2d 129 (Fla.1958).

Dismissed.

SPECTOR, C. J., and RAWLS and JOHNSON, JJ., concur.

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5 cases
  • Southeast First Nat. Bank of Miami v. Herin
    • United States
    • Florida Supreme Court
    • April 5, 1978
    ...Agency, Inc. v. Carroll, 102 So.2d 129 (Fla.1958), and the decision of the First District Court of Appeal in In re Estate of Hatcher, 270 So.2d 45 (Fla. 1st DCA 1972). Respondents argue that Diamond Berk and Hatcher are not controlling because Fla.App. Rule 2.1(a)(5)(d) 1 was neither referr......
  • Lampkin-Asam v. District Court of Appeal, LAMPKIN-ASA
    • United States
    • Florida Supreme Court
    • November 9, 1978
    ...Southeast First National Bank v. Herin, supra, State ex rel. Diamond Berk Insurance Agency, Inc. v. Carroll, supra, and In re Estate of Hatcher, supra. It is argued that Rule 2.1 was broadened in the new rules so as to protect from dismissal notices which are filed in the wrong We cannot ag......
  • Hoffman v. Hoffman, AX-386
    • United States
    • Florida District Court of Appeals
    • February 12, 1985
    ...filing in the wrong court." (Citing to Southeast First National Bank of Miami v. Herin, 357 So.2d 716 (Fla.1978), and Estate of Hatcher, 270 So.2d 45 (Fla. 1st DCA 1972)). We do not see any constitutional impediment to the practice of filing a notice of appeal with a branch office of the cl......
  • Perego v. Robinson, LL-243
    • United States
    • Florida District Court of Appeals
    • December 19, 1979
    ...to filing in the wrong court. See: Southeast First National Bank of Miami v. Herin, 357 So.2d 716 (Fla.1978); Estate of Hatcher, 270 So.2d 45 (Fla. 1st DCA 1972). The appeal is therefore dismissed for lack of DAUKSCH, C. J., and ORFINGER and UPCHURCH, JJ., concur. ...
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