HARVEY S. FLEMING, APPELLANT,
v.
CATHERINE M. FLEMING, APPELLEE
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The Florida Supreme Court dismissed an appeal due to a violation of statutory filing deadlines, holding that the court lacked jurisdiction. The appellee sought suit money and attorney fees to defend the lower court's decree.
No, the court did not acquire jurisdiction because the appeal was entered in violation of the statute.
“and it appearing to the court that the appeal entered in this cause was during the June term, 1897, of this court, to-wit,: on the 12th day of October, 1897, to a day in said term, to-wit: the 3rd day of Janury, 1898, in violation of the statute, whereby this court has acquired no jurisdiction of said cause”
This quote explains the procedural defect that led to the dismissal.
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Join FLexlaw to unlock all legal intelligenceThe appellee filed a petition for suit money and attorney fees to defend a decree in her favor in the Circuit Court. The appeal was entered on October…
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Per Curiam :
This cause coming on to be heard upon a petition filed by appellee for an allowance of suit money and at torney fees to enable her to defend in this court and maintain the decree rendered in her favor in the Circuit Court, and it appearing to the court that the appeal entered in this cause was during the June term, 1897, of this court, to-wit,: on the 12th day of October, 1897, to a day in said term, to-wit: the 3rd day of Janury, 1898, in violation of the statute, whereby this court has acquired no jurisdiction of said cause (Samuel Eddy’s Case, 6 Cush. 28; Green v. Castello, 35 Mo. App. 127; Whitehead v. Cole & Rodgers, 49 Mo. App. 428; Wiscart v. Dauchy, 3 Dallas, 321; Elliott’s App. Proc. §128; 2 Ency. Pl. & Pr., p. 16; Palmer v. Dayton, 4 Cush. 270; Cissell v. Cissell’s Executor, 77 Mo. 371; Commonwealth v. Dunham, 22 Pick. 11; Porter v. Grisham, 3 How. (Miss.) 75; Clark v. Maine Shore Line Railroad Co. 81 Maine, 477, 17 Atl. Rep. 497; Hall v. Penny, 13 Fla. 593; Jackson v. Haisly, 27 Fla. 205, 9 South. Rep. 648; Santom v. Ballard, 133 Mass. 464), it is, therefore, ordered that said petition be, and the same is, hereby denied, and said appeal be dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McJunkins v. Stevens, 88 Fla. 559 (Fla. 1925)…507, 42 South. Rep. 705; Anderson v. State, 73 Fla. 86, 74 South. Rep. 6; Browning v. State, 40 Fla. 466, 25 South. Rep. 62; Simmons v. State, 40 Fla. 467, 25 South. [*569] Rep. 62; Payne v. Roche, 41 Fla. 478, 27 South. Rep. 29; Fleming v. Fleming, 40 Fla. 154, 23 South. Rep. 571; Savannah, F. & W. Ry. Co. v. Justice, 41 Fla. 508, 26 South. Rep. 704; Price v. Broward, 39 Fla. 194, 22 South. Rep. 650; Player v. Bokenfehr, 40 Fla. 415, 34 South. Rep. 472. The Constitution or statute gives a Court power to…
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Garrison v. Parsons, 41 Fla. 143 (Fla. 1899)…cases the appeal be made returnable to the first day of the term it is entered in direct violation of law and confers no jurisdiction upon this court. Spencer v. Travelers’ Insurance Co., 39 Fla. 677, 23 South. Rep. 442; Fleming v. Flem [*146] ing, 40 Fla. 154, 23 South. Rep. 571. The appeal of May 25, 1898, was made returnable tO' the first day of the term though taken within less than thirty days of such first day. It was therefore void, and the appellants evidently so regarded it, for they never attemp…
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Savannah v. Justice, 41 Fla. 508 (Fla. 1899)…d cause is, therefore, stricken from the dockets of this court and dismissed. Browning v. State, 40 Fla. 466, 25 South. Rep. 62; Simmons v. State, 40 Fla. 467, 25 South. Rep. 62; Price v. Broward, 39 Fla. 194, 22 South. Rep. 650; Fleming v. Fleming, 40 Fla. 154, 23 South. Rep. 571.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hall v. Penny, 13 Fla. 593 (Fla. 1869)
- Jackson v. Haisly, 27 Fla. 205 (Fla. 1891)