BURKE v. STATE

No. E-378.

160 So.2d 523 (1964)

Joseph James BURKE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied February 25, 1964.


Attorney(s) appearing for the Case

George G. Phillips, Jr., Public Defender, for appellant.

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


CARROLL, DONALD K., J.

The State of Florida has filed a motion to dismiss this appeal on the ground that the appellant failed to file his notice of appeal within ninety days after the entry of the order or judgment appealed from, as required by Rule 6.2 of the Florida Appellate Rules, 31 F.S.A.

This appeal is from an order entered by the Court of Record for Escambia County on April 29, 1963, denying the appellant's motion to vacate and set aside his judgment...

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