THE NATIONAL BANK OF LANCASTER, A CORPORATION UNDER THE LAWS OF THE UNITED STATES, ET AL., APPELLANTS,
v.
A. P. NEWHEART, M. E. NEWHEART AND B. M. BURDETTE, APPELLEES
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The Florida Supreme Court dismissed an appeal because not all necessary parties were included in the appeal, and the time to add them had expired. This highlights the importance of proper party joinder in appellate proceedings.
No, the appeal cannot proceed because necessary parties were omitted, and the time to join them has passed.
“the decree appealed from is a joint decree against the only appellant before the court and several others who are- not made parties to the appeal except by the use of the abbreviation “et al.,” which is ineffectual, and that said several omitted parties are necessary parties appellant,”
This quote explains the core factual and legal problem with the appeal: the omission of necessary parties.
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Join FLexlaw to unlock all legal intelligenceThe National Bank of Lancaster appealed a joint decree. However, the appeal only named the bank as an appellant, using "et al." to refer to several ot…
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Per Curiam :
This cause coining on for adjudication upon a rehearing thereof heretofore granted, and it appearing to the court that the decree appealed from is a joint decree against the only appellant before the court and several others who are-not made parties to the appeal except by the use of the abbreviation “et al.,” which is ineffectual, and that said several omitted parties are necessary parties appellant,.and can not now be brought in as parties appellant because the time has expired in which they can take an appeal, it is, therefore, ordered that the appeal in said cause be, and the same is, hereby dismissed. State ex rel. Andreu v. Canfield, 40 Fla. 36, 23 South. Rep. 591; Cornell v. Franklin, 40 Fla. 149, 23 South. Rep. 589; Whitlock v. Willard, 18 Fla. 156; Castleman v. Holmes, 7 T. B. Mon. (Ky.) 591.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vincent v. Walker D. Hines, 79 Fla. 564 (Fla. 1920)…as not a right to appeal from the decree rendered. State, ex rel., Andreu v. Canfield, 40 Fla. 36, 23 South. Rep. 591; Continental Nat. Building & Loan [*571] Ass’n. v. Miller, 41 Fla. 418, 26 South. Rep. 725; National Bank of Lancaster v. Newheart, 41 Fla. 470, 27 South. Rep. 297; Lowe v. DeLaney, 54 Fla. 480, 44 South. Rep. 710. Assuming that M. L. Yincent alone may properly take an appeal in this case, a consideration of the merits require an affirmance of the decree. When a deed of conveyance of real…
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Brooks v. Miami Bank & Tr. Co., 115 Fla. 141 (Fla. 1934)…after the statutory period for taking appeals or writs of error has expired. West v. Johnson, 66 Fla. 4, 62 So. 913; State, ex rel. v. Canfield, 40 Fla. 36, 23 So. 591; Cornell v. Franklin, 40 Fla. 149, 23 So. 589; Nat. Bk. of Lancaster v. Newhart, 41 Fla. 470, 27 So. 297; Lowe v. DeLaney, 54 Fla. 480, 44 So. 710; Buch v. All Parties, 86 Fla. 86, 97 So. 313; Lessic, et al., v. Booske, 86 Fla. 251, 97 So. 383; Rabinowitz v. Houk, 100 Fla. 44, 129 So. 501. [*150] > “When the entry of appeal as filed is lega…
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Walker Fertilizer Co., Inc. v. Race, 123 Fla. 84 (Fla. 1936)…ited for taking appeals or bringing proceedings in error has expired. Cornell v. Franklin, 40 Fla. 149, 23 Sou. Rep. 589, 74 A. S. R. 131; State v. Canfield, [*97] 40 Fla. 36, 23 Sou. Rep. 591, 42 L. R. A. 72; National Bank of Lancaster v. Newheart, 41 Fla. 470, 27 Sou. Rep. 297. But when a writ of error brings in and names as parties to it all of the parties in whose favor the judgment was rendered, designating them in the manner they are found designated in the final judgment, and leaves out no party af…
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
- The State of Fla. ex rel. John Andreu v. Heth Canfield, 40 Fla. 36 (Fla. 1898)
- Whitlock v. Willard, 18 Fla. 156 (Fla. 1881)
- Cornell v. Franklin, 40 Fla. 149 (Fla. 1898)