Opinion
No. 5561.
June 3, 1966. On Rehearing August 31, 1966.
Appeal from the Circuit Court, Pinellas County, C.M. Kissinger, J.
John W. Boult, of Shackleford, Farrior, Stallings, Glos Evans, Tampa, for appellant.
Sam H. Mann, Jr., of Mann, Harrison, Mann Rowe, St. Petersburg, for appellees.
Upon examination of the record-on-appeal in the instant case it appears that the appellant is attempting to appeal to this court an unsigned Circuit Court Minute Book entry as a final judgment.
This court held in Egantoff v. Herring, Fla.App. 1965, 177 So.2d 260, that such a Minute Book entry was not a final judgment and therefore, non-appealable.
The Egantoff holding was upheld by the Supreme Court of Florida in State of Florida ex rel. Herring v. Allen et al., opinion filed May 25, 1966, 189 So.2d 363.
For the reasons stated, this appeal is dismissed ex mero motu.
ALLEN, C.J., HOBSON, J., and HOBSON, T. FRANK, Sr., Associate Judge, concur.
ON PETITION FOR REHEARING
The original record on appeal showed that the appellant was attempting to appeal an unsigned minute book entry and therefore under the authority of Egantoff v. Herring, Fla.App. 1965, 177 So.2d 260, we dismissed the appeal ex mero motu.
The petition for rehearing shows that the original record on appeal which contained the unsigned minute book entry was in error and, in fact, the minute book entry which was appealed was signed.
We grant the petition for rehearing and determine the appeal on its merits.
The appellant-plaintiff appeals a judgment entered on a jury verdict in favor of the defendants. The judgment comes to this appellate court clothed with a presumption of correctness and the appellant has the burden of showing reversible error. Appellant having failed to show reversible error, the final judgment is affirmed.
ALLEN, C.J., and HOBSON, T. FRANK, Sr., Associate Judge, concur.