LEHMANN v. CLONIGER

No. U-289.

294 So.2d 344 (1974)

Robert E. LEHMANN, Appellant, v. Claude CLONIGER and His Wife, Blanche Cloniger, Appellees.

District Court of Appeal of Florida, First District.

May 16, 1974.


Attorney(s) appearing for the Case

Carleton L. Weidemeyer, of Wightman, Rowe, Weidemeyer, Jones & Turnbull, Clearwater, for appellant.

Young J. Simmons, of Green, Simmons & Green, Ocala, for appellees.


ON MOTION TO DISMISS

BOYER, Judge.

Appellees seek dismissal of this appeal on the asserted basis that the notice was not timely filed and that this Court is therefore without jurisdiction.

It is fundamental that timely filing of the notice of appeal is jurisdictional and that an appellate court is without authority to exercise its jurisdiction unless the notice is filed within the time and in the manner prescribed by the rules. (State ex rel. Diamond...

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