161 So. 2d 550 | Fla. Dist. Ct. App. | 1964
Appellee, Sarah N. Coggan, has filed in this Court her motion to strike appellant’s assignments of error on the ground that they were not timely filed.
Notice of appeal was filed by the appellant, George M. Coggan, on September 25, 1963. On that same date he filed in the lower court a motion to extend the time for filing assignments of error. (Motions were filed seeking other relief, but they are not pertinent here.) On October 18, 1963. the Chancellor denied all of appellant’s motions from the bench ore tenus. On October 25, 1963, the appellant moved this Court for an order extending the time for filing his assignments of error. The motion filed here recited the prior denial of such a motion by the Chancellor below. On October 28, 1963, the lower court entered its formal order denying appellant’s motion, and on November 27, 1963, this Court denied the similar motion filed here. On December 2, 1963, appellant filed his assignments of error.
We pause here to point out that Rule 3.8(a), Florida Appellate Rules, 31
In moving to strike these assignments of error on the ground that they were not timely filed, appellee takes the position that under no circumstances does a motion for extension of time for filing assignments of error suspend the time for filing any document in the cause until such motion is disposed of. Appellee also contends that, in any event, the filing of a motion in the lower court does not operate to suspend the time. We reject both contentions.
Under Rule 3.S subd. (a), Florida Appellate Rules, appellant had ten days after filing notice of appeal to file his assignments of error. Under Rule 3.5, subd. (d), the time for filing assignments of error may be extended by the appellate court or by the lower court. Rule 3.9, subd. (f) contemplates suspension of time in the proceedings, pending disposition of a motion. See Connell v. Mittendorf, Fla.App.1962, 147 So.2d 169, where this Court recognized that Rule 3.9, subd. (f) could be utilized to extend the time for filing briefs upon the filing of timely motions. Compare: Quality Furniture House v. General Bond & Discount Co., Fla.App. 1957, 97 So.2d 203, where the appellant’s motion for an extension of time was not timely made and no good cause was shown for the default.
As we have stated, pursuant to Rule 3.8(a), the appellant’s motion to extend the time for filing assignments of error was properly filed in the lower court. A copy of the same was served upon appellee. The filing of this motion suspended the time
. In other words, time stood still as regards the 10-day deadline for appellant to file his assignments of error, and the hands of the clock would not start moving again until the motion was denied.
. See Rule 3.18, Florida Appellate Rules, which governs the computation of time.