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MAYERS v. BANKERS LIFE COMPANY

No. 82-1856.

421 So.2d 785 (1982)

Dr. William J. MAYERS, Petitioner, v. The BANKERS LIFE COMPANY, Respondent.

District Court of Appeal of Florida, Second District.

November 10, 1982.

Attorney(s) appearing for the Case

Thomas E. Shipp, Jr., of Patterson, Turk & Hudson, P.A., Cape Coral, for petitioner.

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, Fort Myers, for respondent.

PER CURIAM.

This petition for certiorari comes to us from an order of a three-judge panel of the circuit court which dismissed petitioner's appeal from county court. It is undisputed that the last day for filing the notice of appeal was November 2, 1981. The circuit judges found that the notice of appeal was filed November 3, 1981, and was thus untimely.

Initially, we note that the notice itself has "November 3 filed" stamped on it. However, there were several...

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