DocketNumber: No. 62-487
Citation Numbers: 144 So. 2d 867
Judges: Barkdull, Carroll, Hendry
Filed Date: 9/18/1962
Status: Precedential
Modified Date: 8/19/2021
The appellants, aggrieved defendants in an eminent domain proceedings, filed their notice of appeal in this court seeking review of an order granting a new trial 44 days after the entry of said order. The appel-lee has filed a motion to dismiss the appeal, contending that same was untimely filed, as § 73.14, Fla.Stat., F.S.A. provides a 30-day time limit for seeking review of final judgments in eminent domain proceedings. The appellants contend that the appeal [being authorized by the provisions of § 59.04, Fla.Stat., F.S.A.], having been filed within 60 days of the entry of the order granting a new trial, was timely notwithstanding the 30-day limitation contained in § 73.14, Fla. Stat.
It appears that the motion to dismiss should be granted. The purpose of enactment of § 59.04, Fla.Stat, F.S.A.,
Therefore, we hold that the time for seeking review of an order granting a new trial [which is authorized by § 59.04, supra] cannot be more nor less than that provided by the applicable statute for seeking review of the final decision in the cause. In the instant case the applicable
Motion to dismiss granted.
. “Appeal from order granting new trial. Upon the entry of an order granting a new trial, the party aggrieved may, without waiting for final judgment, prosecute an appeal to the proper appellate court, which, if the cause be reversed, may direct that final judgment be entered in the trial court for the party obtaining the verdict, unless motion in arrest of judgment or for judgment non obstante veredicto be made and prevail.”
. “Review by appeal. Any person aggrieved by the final judgment may appeal to the supreme court, but no appeal shall be entered after thirty days from the rendition of the judgment, and such appeal shall in no case operate as a super-sedeas where the petitioner has paid the amount of compensation into court as aforesaid, so as to prevent the petitioner’s appropriation of the property pending the appeal. If, at any time after the appeal is taken, the defendant shall take out of the court the amount found to be due him, the appeal shall be dismissed in the supreme court upon the filing of a certificate by the clerk of the circuit court, stating that the defendant has taken out the compensation as aforesaid.”