First National Bank v. Oxford Lake Line

Supreme Court of Florida January 15, 1903

First National Bank v. Oxford Lake Line, 45 Fla. 275 (Fla. 1903)

Opinion of the Court

Per Curiam.

The writ of error in this cause having been made returnable to the June term, 1900, of this court, and the cause having been reached in 'its regular order on the docket for final disposition and having been taken up for consideration by Division A of the court, and it ap*276pearing to the court that the clerk’s certificate to the transcript certifies only that it contains a correct recital of the papers and proceedings in said cause without stating that it contains correct copies of such papers and proceedings, and that, therefore, no properly certified transcript of the record in said cause has ever been filed here, it is, therefore, hereby considered, ordered and adjudged that the writ of error in said cause be, and the same is hereby, dismissed, at the cost of the plaintiff in error. Burham v. Driggers, 44 Fla. 168., 32 South. Rep. 796.

Reference

Full Case Name: First National Bank of Pensacola, in Error v. Oxford Lake Line, in Error
Cited By: 5 cases
Status: Published
Syllabus: APPELLATE PRACTICE — DEFECTIVELY CERTIFIED TRANSCRIPT OF RECORD CAUSE FOR DISMISSAL. Where a cause is reached in its regular order for final disposition hy an appellate court, and it appears that the certificate to the transcript of record states only that it contains a correct recital of the papers and proceedings in the cause, without also stating that it contains correct copies of such papers and proceedings, the writ of error will he dismissed.