A. S. BURNHAM, APPELLANT,
v.
J. B. DRIGGERS, APPELLEE
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The Florida Supreme Court dismissed an appeal due to a defective clerk's certificate and the improper nature of the appeal itself. The court found that a separate appeal could not be taken from an order dissolving an injunction when the bill had also been dismissed.
No, a separate appeal cannot be taken from an order dissolving an injunction while a dismissal of the bill remains in effect. The appeal is dismissed due to both the defective certificate and the improper nature of the appeal.
“The attempted appeal must be dismissed both for the reasons that the certificate is defective, and that there can be no separate appeal from an order dissolving an injunction while there is a standing order dismissing the bill.”
Establishes the dual grounds for dismissal: a defective certificate and the improper nature of the appeal.
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Join FLexlaw to unlock all legal intelligenceThe appellant attempted to appeal a chancery case where the lower court had dissolved an injunction and dismissed the bill. The clerk's certificate fo…
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[*169] Per Curiam.
A motion has been made to dismiss the appeal m this, a chancery, case.
The certificate of the clerk to the transcript certifies that certain numbered pages of the transcript contained a correct transcript of the record of the judgement in the above stated case, and a true and correct recital of such papers and proceedings in said cause, a® appeared upon the record and files of his office that had been directed to be included in the transcript by the written demands of the parties.
The decree in the case dissolved an injunction that had previously been granted and dismissed the bill, and the appeal, as appears from the recital before the court, was from the part of the decree dissolving the injunction as it was construed in the case of Stockton v. Harmon, 32 Fla. 312, 13 South. Rep. 833.
The attempted appeal must be dismissed both for the reasons that the certificate is defective, and that there can be no separate appeal from an order dissolving an injfinctio’n while there is a standing order dismissing the bill.
An order dismissing the appeal will be entered.
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Citator
Cited By (11 total)
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Edulia Smith Price and Bayard R. Price v. Horton, 76 Fla. 537 (Fla. 1918)…Oneida Land Co. v. Richards, 72 Fla. 116, 72 South. Rep. 646; Banks v. Gunnyard, 63 Fla. 334, 58 South. Rep. 229; Stanley v. Standard Cypress Co., 54 Fla. 583, 45 South. Rep. 478; Wilder v. Dunn, 45 Fla. 662, 33 South. Rep. 508; Burnham v. Driggers, 44 Fla. 168, 32 South. Rep. 796. It was upon this them’y that the motion to dismiss, when first presented, was granted', because the entry of appeal purports on its face to be an appeal from an interlocutory order, and it appears from the transcript of the rec…
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Stanley v. Standard Cypress Co., 54 Fla. 583 (Fla. 1907)…uently to the rendition of a final decree in the cause, that -does not bring up such final decree for review, cannot be considered here, and such an appeal will be dismissed. Stockton v. Harmon, 32 Fla. 312, 13 South. Rep. 833; Burnham v. Driggers, 44 Fla. 168, 32 South. [*585] Rep. 796; Wilder v. Dunne, 45 Fla. 662, 33 South. Rep. 508. Following this rule the said appeal in said cause must, therefore, be, and the same is hereby, dismissed, at the cost of the appellants. All concur.…
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First Nat'l Bank of Pensacola v. Oxford Lake Line, 45 Fla. 275 (Fla. 1903)…pt of the record in said cause has ever been filed here, it is, therefore, hereby considered, ordered and adjudged that the writ of error in said cause be, and the same is hereby, dismissed, at the cost of the plaintiff in error. Burham v. Driggers, 44 Fla. 168., 32 South. Rep. 796.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Stockton v. Archer Harmon, 32 Fla. 312 (Fla. 1893)