SAVANNAH, FLORIDA & WESTERN RAILWAY COMPANY, PLAINTIFF IN ERROR,
v.
W. C. SESSOMS, DEFENDANT IN ERROR
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 a writ of error filed by Savannah, Florida & Western Railway Company for failure to timely file the transcript of record required by appellate procedure, despite the plaintiff's request for an extension based on counsel's illness and death.
The Court dismissed the writ of error for failure to file the transcript of record as required by law. The Court found that approximately 60 days existed between June 14 and August 12 when the transcript could have been prepared and filed without excuse, and therefore had no discretion but to dismiss under established precedent.
“we have, under these circumstances, no other discretion than to dismiss the cause, and it is hereby ordered that the said cause be and the same is hereby dismissed for failure -to file any transcript of record therein as provided by law”
Establishes the mandatory nature of the dismissal for procedural non-compliance
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe writ of error was made returnable to the first day of the June 1898 term. The bill of exceptions was settled and signed by the Circuit Judge on Ju…
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.
Per Curiam :
This cause came on to be heard on this day upon motion of the defendant in error to dismiss the writ of error, among other grounds, because the writ of error is made returnable to the first day of the present June term, and no transcript of the record has been filed here in accordance with law, and because no transcript of the record has as yet even been made up or prepared.
The plaintiff in error meets this motion by a counter motion for an extension of time to file the transcript of record that it alleges is now in course of preparation. On the motion for extension of time to file the transcript it is shown that one of the counsel who had the immediate charge of the preparation of the appellate proceedings in the case was taken sick about the 12th or 13th of August, 1898, and died on or about the 31st of the same month, and that about the'21st of September, 1898, succeeding counsel took the prelimi nary steps to have the transcript prepared. It appears, however, that the bill of exceptions in the cause was settled and signed by the Circuit Judge on the 14th day of June, 1898, after which date up to the said 12th of August, 1898, when the illness of the said counsel began there were about sixty days in which the transcript could have been prepared and filed, and no reason, cause or excuse has been shown why, during this time, it was not attended to. In consonance with the former rulings of this court, we have, under these circumstances, no other discretion than to dismiss the cause, and it is hereby ordered that the said cause be and the same is hereby dismissed for failure -to file any transcript of record therein as provided by law. Tallahassee Railroad Co. v. Hayward, 4 Fla. 398; Rain v. Thomas, 12 Fla. 493; Smith v. Curtis, 19 Fla. 786; Williams v. LaPenotiere, 25 Fla. 473, 6 South. Rep. 167; Long v. Herrick, 28 Fla. 755, 10 South. Rep. 17.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Williams v. LaPenotiere, 25 Fla. 473 (Fla. 1889)
- Smith v. Curtis, 19 Fla. 786 (Fla. 1883)
- Cornelius Rain (impleaded with Stephen McCall and William Strickland v. Thomas, 12 Fla. 493 (Fla. 1868)
- H. J. Long et ux. v. Herrick, 28 Fla. 755 (Fla. 1891)
- The Tallahassee R.R. Co. v. Hayward and Walker, 4 Fla. 398 (Fla. 1852)