Town of Enterprise v. State ex rel. Attorney-General
Supreme Court of Florida
Town of Enterprise v. State ex rel. Attorney-General, 24 Fla. 152 (Fla. 1888)
Raney
Town of Enterprise v. State ex rel. Attorney-General
Opinion of the Court
delivered the opinion of the court:
This is a motion to dismiss the appeal on account of the failure of appellants to file the transcript of the record on or before “ the first day of the next succeeding term.” As the present term is the first term “after the appeal,” and no notice of this motion appears to have been served on the opposite parties or their attorney, as required by Supreme Court Rule 17, the motion cannot be granted, but will be denied without prejudice to amotion on proper notice.
It will be so ordered.
Reference
- Full Case Name
- The Town of Enterprise v. The State ex rel., The Attorney-General
- Status
- Published
- Syllabus
- Under Supremo Court Rule 17 a motion by appellee to dismiss an appeal for failure of appellant to file a transcript of the record with the Clerk of the Supreme Court on or before the first day of the term to which the appeal is returnable, cannot be granted at such term unless notice of such motion has been served on the appellant or his attorney.