Stockslager v. Daly Aluminum Products, Inc.
Decision Date | 31 March 1971 |
Docket Number | No. 40752,40752 |
Parties | Robert M. STOCKSLAGER and Myrtle R. Stockslager, his wife, Petitioners, v. DALY ALUMINUM PRODUCTS, INC., a Florida corporation, Respondents. |
Court | Florida Supreme Court |
Robert W. Holman, of Hammond & Holman, Pinellas Park, for petitioners.
Larry G. Rightmyer, of Goldner, Marger, Davis & Rightmyer, St. Petersburg, for respondents.
This case is before us on petition for writ of certiorari to review a decision of the Second District Court of Appeal entered December 11, 1970, 244 So.2d 528, wherein the District Court stated:
This result is alleged to be in conflict with our decision in In re McRae's Estate, 73 So.2d 818 (Fla.1954), wherein we held the provisions of the Common Law and Equity Rules then in effect relative to computations of time inapplicable to the statute prescribing procedure for appeal from the County Judge's Court. The result in McRae was that appellant, who had filed her notice of appeal on a Monday and on the thirty-first day after entry of the challenged order, had filed an untimely appeal. Although Rule 5.050(h), PGR, effectively supersedes our decision in McRae, we take this opportunity to recede from the rationale of that case insofar as it relates to computations of time, and to expressly approve the rationale of the District Court in the instant case.
In Dade County Planning Department v. Ransing, 158 So.2d 528, (Fla.1963), involving timeliness of an application for review filed with the Industrial Relations Commission on the 21st day after the entry of the order of the Deputy, where the 20th day fell on a Sunday, we said, '* * * as a matter of construction and obviation of confusion the computations should be the same * * * an interpretation harmonizing the procedures will redound to...
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...extended and the action may be commenced on the following secular or business day. 4 275 So.2d at 55. Accord Stockslager v. Daly Aluminum Products, Inc., 246 So.2d 97 (Fla.1971); Moorey v. Eytchison & Hoppes, Inc., 338 So.2d 558 (Fla. 2d DCA 1976) (where last day of limitations period for w......
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Ludwig v. Glover, FF-302
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Greer v. Estate of Smith, 75--1272
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