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WINN-DIXIE STORES, INC. v. CODOMO

No. 79-608.

372 So.2d 952 (1979)

WINN-DIXIE STORES, INC., Appellant, v. Lillian CODOMO et al., Appellees.

District Court of Appeal of Florida, Third District.

June 11, 1979.

Attorney(s) appearing for the Case

Vernis & Bowling and Andrew J. Anthony, Miami, for appellant.

Brumer, Cohen, Logan, Kandell & Redlus, Horton, Perse & Ginsberg and Edward A. Perse, Miami, for appellees.

Before PEARSON, KEHOE and SCHWARTZ, JJ.

OPINION ON MOTION TO DISMISS

PEARSON, Judge.

This appeal came before the court on the plaintiff-appellees' motion to dismiss the appeal as untimely. Because the motion affects our jurisdiction and the area dealt with is without clear precedent, we have determined to file this opinion. The question presented is whether a notice of appeal filed the day before an order denying post-trial motions is a timely notice when more than thirty days have expired from...

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