City of Orlando v. Macy

Supreme Court of Florida January 15, 1903

City of Orlando v. Macy, 45 Fla. 524 (Fla. 1903)

Opinion of the Court

Per Curiam.

The appeal in this cause appears by the transcript of record to have been entered on July 8th, lá99, returnable to the January term, 1900, of this court, but there is nothing in the record before us or elsewhere to show that the *525entry uf appeaü lias ever been recorded in the Chancery Order Book of the Circuit Court in compliance with the provisions of Chapter 4528, laws of 1897, so as to give this court jurisdiction over the person of appellee, and as the appellee has in no manner appeared here in the cause, the appeal must be dismissed. It is, therefore, hereby ordered that the appeal in sard cause be, and the same is hereby, dismissed at the cost of the appellant.

Reference

Full Case Name: City of Orlando v. George E. Macy
Cited By: 1 case
Status: Published
Syllabus: APPELLATE PRACTICE — RECORDING ENTRY OF APPEAL-DISMISSAL WHERE FAILURE TO RECORD. Under Chapter 4123, laws of 389V, the record of the entry of an appeal in the Chancery Order Book of the Circuit Court subserves the purpose of notice to the appellee of such appeal, and is necessary to give the appellate court jurisdiction over the person of such appellee; and where the appellate court finds no evidence In the transcript or elsewhere o' such record of the_ entry of appeal, and the appellee m no manner appears in the. appellate court, such appeal must De dismissed for want of jurisdiction over the person of the appellee.