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HENRY v. STATE

No. E-392.

163 So.2d 24 (1964)

Herbert Joseph HENRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. First District.

April 16, 1964.

Attorney(s) appearing for the Case

William C. Andrews, Gainesville, for appellant.

James W. Kynes, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee.

PER CURIAM.

It appearing that since the filing of our decision dated December 10, 1963, Henry v. State, Fla.App., 158 So.2d 807, denying appellee's motion to dismiss this cause, which motion was based on the ground that the appeal was not filed within ninety (90) days from the date of the judgment appealed, as required by Rule 6.2, Florida Appellate Rules, 31 F.S.A., in the case of State ex rel. Ervin v. Smith, (Fla.)

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