MARILYN WIMBERLY v. JAMES RUSSELL, Personal Rep of the Estate of JOSEPH WILLIE RUSSELL

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MARILYN WIMBERLY, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-0081 JAMES RUSSELL as Personal Representative Of The Estate Of JOSEPH WILLIE RUSSELL, Appellee. ___________________________/ Opinion filed May 25, 2007. An appeal from the Circuit Court for Lafayette County. Julian E. Collins, Judge. Joseph T. Lander, Cross City, for Appellant. Samuel A. Mutch, Gainesville, for Appellee. PER CURIAM. Upon consideration of the appellant s response to the Court s order of March 5, 2007, the Court has determined that the appellant has failed to demonstrate that the notice of appeal was timely filed. Accordingly, the appellee s motion to dismiss, filed on January 25, 2007, is hereby granted and the appeal is dismissed as untimely. The appellee s motion for an award of attorney s fees, filed on January 25, 2007, is denied. All other pending motions are denied as moot. LEWIS, POLSTON, and ROBERTS., JJ., CONCUR. 2

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