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BRICKELL BAY CLUB CONDO. ASSOCIATION, INC. v. FORTE

No. 79-2148.

379 So.2d 1334 (1980)

BRICKELL BAY CLUB CONDOMINIUM ASSOCIATION, INC., etc., Appellant, v. Michael FORTE et al., Appellee.

District Court of Appeal of Florida, Third District.

February 29, 1980.

Attorney(s) appearing for the Case

Podhurst, Orseck & Parks, Sinclair, Lewis, Siegel & Heath, Miami, for appellant.

Hall & Hauser, Miami, for appellee.

Before HENDRY, HUBBART and SCHWARTZ, JJ.

ON MOTION TO DISMISS CROSS-APPEAL

SCHWARTZ, Judge.

The appellant has moved to dismiss the cross-appeal on the ground that the notice of cross-appeal was untimely filed. As expressly permitted by order of this court, the notice of cross-appeal was served and filed beyond the 10 day period provided by Fla.R. App.P. 9.110(g). The present motion is based on the contention that this provision is jurisdictional and therefore, of course, not subject to extension...

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