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SIMPSON v. TARMAC AMERICA, LLC

No. 3D12-3206.

106 So.3d 87 (2013)

Kevin Charles SIMPSON, Appellant, v. TARMAC AMERICA, LLC, and FL Smidth, Inc., Appellees.

District Court of Appeal of Florida, Third District.

February 6, 2013.

Attorney(s) appearing for the Case

Joel S. Perwin , for appellant.

Restani Ditmar & Hauser and Helen Ann Hauser , for appellee Tarmac America, LLC; Luks, Santaniello, Perez, Petrillo & Gold and Daniel J. Santaniello and Heather Calhoon for appellee FL Smidth, Inc.

Before LAGOA, FERNANDEZ and LOGUE, JJ.

ON MOTION TO DISMISS

LAGOA, J.

Appellee, Tarmac America, LLC ("Tarmac"), moves to dismiss this appeal for lack of jurisdiction because the notice of appeal was not filed within thirty days of the final judgment. For the reasons set forth below, we deny the motion to dismiss.

I. FACTUAL AND PROCEDURAL HISTORY

On June 28, 2012, the trial court granted summary judgment in favor of Tarmac...

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