Opinion
August 14, 1951.
Appeal from the Circuit Court of Record for Dade County, Ben. C. Willard, J.
Ray Sandstrom and Erle L. Griffis, Macclenny, for appellant.
Richard W. Ervin, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for appellee.
The appellant was adjudged guilty of armed robbery and sentenced to the penitentiary. The last day of the period allowed for taking an appeal came on Sunday so he filed his appeal the following day. The question now before us is presented by the Attorney General's motion to dismiss on the ground that this court has no jurisdiction to entertain the cause.
The applicable statute, Sec. 924.09, Florida Statutes 1941, and F.S.A., provides the time within which an appeal may be taken.
As early as 1905 in the case of Simmons v. Hanne, 50 Fla. 267, 39 So. 77, 80, we recognized the general rule that "in computing the time within which an act * * * must be done, if the last day falls on * * * Sunday, it can not be excluded, and the act [be properly] done on the Monday following" in the absence of statutory provision to that effect. (Italics supplied). Such a provision is absent from the act we have cited.
As late as 1948, in Re Warner's Estate, 160 Fla. 103, 33 So.2d 728, we reiterated the rule announced in the cited case.
We re-declare the rule now only because the present case involves criminal procedure while the others dealt with a writ of error and an appeal from the probate court to the circuit court. However, we find in these differences no reason to deviate from the law of computation adopted in the decisions already rendered. The rules of construction are just as appropriate here and, besides, it is well to promote uniformity by making harmonious our decisions on the matter of measuring time.
In accordance with these views the motion to dismiss is granted.
SEBRING, C.J., and TERRELL and HOBSON, JJ., concur.