313 So. 2d 117 - Knee v. Smith

How this case has been cited

Cited by 6 later decisions — most recently March 2010

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Jerrold Knee, of Salter, Yeslow & Burnstein, Hollywood, for appellant.

¶2Norman J. LaCoe, Gainesville, for appellee.

¶3PER CURIAM.

¶4This is an appeal from an Order denying appellant's motion for rehearing and amendment to complaint after summary judgment had been entered in appellee's favor in a suit brought by appellant contesting *118 the refusal of appellee to grant an agricultural assessment to appellant's land.

¶5Although the notice of appeal in this cause bears a filing date of one day in excess of the jurisdictional 30 day period, it appears from the affidavits submitted to this Court that the Clerk's office actually received the notice of appeal within the 30 day jurisdictional period. We thus accept jurisdiction of this cause under the authority of Thomas v. City of Gainesville, 220 So.2d 644 (Fla.App.1st, 1969), affirmed at 229 So.2d 833 (Fla. 1969), and Mills v. Avon Park Motor Company, 223 So.2d 802 (Fla.App.2nd, 1969).

¶6We have heard oral argument in this cause and have carefully examined the record on appeal and the briefs submitted by the parties. Upon our consideration thereof, we conclude that appellant has failed to demonstrate reversible error in the proceedings below. The Order appealed herein is affirmed.

¶7RAWLS, C.J., and JOHNSON and MILLS, JJ., concur.