J. C. BROWN ET AL., APPELLANTS,
v.
WHEELER & WILSON MANUFACTURING COMPANY, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court dismissed an appeal because the appellants failed to file their appeal bond within the statutory time limit, rendering the appeal untimely.
No, the appeal was not properly perfected because the appeal bond was filed after the statutory thirty-day period following the adjournment of the court term.
“If we disregard the informality of the recital, the bond was still not given within thirty days after the adjournment of the term of the Bradford county Circuit Court, the time allowed by the statute for perfecting the appeal, for the record shows that that term had adjourned prior to May 6th, 1887.”
This quote explains the core reason for dismissing the appeal: the bond was filed too late according to statutory requirements.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellants obtained a writ of error and filed an appeal bond after the statutory deadline for perfecting the appeal had passed. The bond was filed…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Raney, C. J.:
Judgment for appellee April 6th, 1887, in an action at law. Appeal entered in open court to the then ensuing June term of this court by appellants, but they filed no bond till January 2, 1888, when they filed in the office of the Clerk of the Circuit Court one executed December 23, 1887, reciting that the defendants (appellants here) had obtained a writ of error, and the Clerk approved it. There is no writ of error in the transcript or files. If we disregard the informality of the recital, the bond was still not given within thirty days after the adjournment of the term of the Bradford county Circuit Court, the time allowed by the statute for perfecting the appeal, for the record shows that that term had adjourned prior to May 6th, 1887. Barrs vs. Creary, 23 Fla., 61.
The appeal is dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Callison v. Atl. Coast Line R.R. Co., 82 Fla. 516 (Fla. 1921)…error a prerequisite to the issuance of the writ of error it was held to be proper practice to dismiss the writ of error upon proof that plaintiff in error had failed to comply with this provision of the statute. Brown v. Wheeler & Wilson Mfg. Co., 25 Fla. 361, 5 South. Rep. 673; Savannah, Florida, etc. Ry. Co. v. Clark, 23 Fla. 308, 2 South. Rep. 667; Benbow v. Marquis & Co., 17 Fla. 236 It follows from what has been said that the motion to dismiss should be granted. Writ of Error dismissed. Browne, C…
Authorities Cited
- Baars v. W. F. & J. E. Creary, 23 Fla. 61 (Fla. 1887)