Florida Finance Co. v. Hastings
Supreme Court of Florida
Florida Finance Co. v. Hastings, 41 Fla. 469 (Fla. 1899)
Florida Finance Co. v. Hastings
Opinion of the Court
This cause coming on to be heard upon motion of the appellee, appearing specially to dismiss the appeal, and it appearing to the court that the entry of appeal is fatally defective, in that it specifies no return day to which the appeal is taken, and, therefore, that the constructive notice furnished by the record of said entry of appeal does not notify the appellee of any definite time at which she is to appear therein before the appellate court, the said appeal is hereby dismissed at the cost of the appellants. State ex rel. Andreu v. Canfield, 40 Fla. 36, 23 South. Rep. 591; Garrison v. Parsons, 41 Fla. —, 25 South. Rep. 336.
Reference
- Full Case Name
- Florida Finance Company and Jonathan C. Greeley v. Adele F. Hastings
- Status
- Published
- Syllabus
- Appellate Practice — Entry of Appeal Should Specify a Return Day. An entry of appeal that specifies no term of the court or return day to which the appeal is taken is fatally defective, and the record of such an entry of appeal does not notify the appellee of any definite time at which he is to appear therein before the appellate court, and can not, therefore,- be effectual as notice of such appeal. The appeal in such a case will be dismissed