Berger v. G S Food Market, Inc.

Full title: FRED BERGER, D/B/A FRED BERGER REALTY AND HARRY WALDMAN, APPELLANTS, v. G…

Court: District Court of Appeal of Florida, Second District

Date published: Jul 9, 1971

250 So. 2d 348 (Fla. Dist. Ct. App. 1971)

Opinion

No. 71-58.

July 9, 1971.

Appeal from the Circuit Court of Sarasota County, John D. Justice, J.

James H. Seay, of Crabtree, Butler, Brush, Syprett Meshad, Sarasota, for appellants.

Daniel Scarritt, of Icard, Merrill, Cullis Timm, Sarasota, for appellee.

PER CURIAM.

It undisputedly appears that the notice of appeal here was filed two days late. We are, therefore, without jurisdiction of this appeal. The same must be, and it is hereby, dismissed ex mero motu. See, Ramagli Realty Co. v. Craver (Fla. 1960), 121 So.2d 648 and Robberson v. Jefferson (Fla.App. 1968), 207 So.2d 467.

HOBSON, Acting C.J., and MANN and McNULTY, JJ., concur.