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BERGER v. G & S FOOD MARKET, INC.

No. 71-58.

250 So.2d 348 (1971)

Fred BERGER, D/B/a Fred Berger Realty and Harry Waldman, Appellants, v. G & S FOOD MARKET, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

July 9, 1971.

Attorney(s) appearing for the Case

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...

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