Walker v. City of Jacksonville
Cases that cite this one
5 later published cases cite this decision.
- Ogier v. John H. Swisher & Sons, Inc. (Fla. Dist. Ct. App. 1961)
- Spector v. Ahrenholz (Fla. Dist. Ct. App. 1958)
- Hale v. Martin (Fla. 1954)
- Akins v. Bethea (Fla. 1948)
- Funke v. Federal Trust Co. (Fla. Dist. Ct. App. 1958)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This cause is before, us on appeal and motion to dismiss, . timely made, on the ground that appellant has failed to comply with the mandatory provisions of Sec. 59.09 Fla. Stats. 1941, (same F.S.A.) requiring the payment of costs in the lower court before a plaintiff may invoke the right of review in the Supreme Court.
We have repeatedly recognized the force and effect of the statute and applied its provisions on motion to dismiss, although we have intimated that it might be oppressive and, in our view, lacking in broad justice. See Union Bank of Florida, etc. v. McBride, 2 Fla. 23-25-26, Calison v. A.C.L. Ry. Co., 82 Fla. 516, 9 So. 619, and Busch, et al., v. Goodno, 99 Fla. 517, 128 So. 825.
The appellee has claimed the benefits of the statute which is within the province of the Legislature to enact. The courts may not ignore its terms. So, the appeal must be dismissed.
So ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.