F. C. EATON, PLAINTIFF IN ERROR,
v.
J. J. MCCASKILL AND R. E. L. MCCASKILL, PARTNERS, AS J. J. MCCASKILL & COMPANY, DEFENDANTS IN ERROR
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The Florida Supreme Court dismissed a writ of error filed more than six months after entry of judgment in a civil action, finding that the filing violated statutory time limits and deprived the court of jurisdiction.
A writ of error in a civil action not sued out and taken within six months of the judgment confers no jurisdiction on the appellate court, and such a writ must be dismissed.
“all writs of error on judgments in civil actions shall be sued out and taken within six months from the date of said judgment”
Establishes the mandatory time requirement for filing writs of error in civil cases.
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Join FLexlaw to unlock all legal intelligenceA judgment was entered on May 2, 1906, with a motion for new trial denied on May 5, 1906. A writ of error was filed on November 14, 1906, more than si…
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Whitfield, J.:
The transcript shows that the judgment in this case was entered May 2nd, 1906. The writ o.f error bears date November láth, 1906, more than six months after the entry of the judgment.
Section 1271, Revised Statutes of 1892, Section 1699,, General Statutes of 1906', provides that “all writs of error on judgments in civil actions shall be sued out and taken within six months from the date of said judgment; but where an infant, feme covert, except when authorized to sue in her own name, or person non compos mentisi, shall be a party to-any judgment in a civil action, six abonths shall he allowed to such infant feme covert or person non compos mentis, after their respective disabilities are removed, in which to sue out a writ of error on any judgment aforesaid.”
This is a civil action. The judgment herein was entered May 2nd, 1906, the motion for new trial was denied May 5th, 1906, and the writ of error bearing date November 14th, 1906; was not “sued out and taken within six months from the date of said judgment.” It does not appear that the plaintiff in error comes within the exceptions named in the statute. A writ of error in a civil action not sued out and taken within the time allowed by the statute confers upon this court no jurisdiction of the cause. See Hodges v. Moore, 46 Fla. 598, 35 South. Rep. 13. Where a writ of error is sued out and taken in a civil action after the time allowed by the statute, and therefore confers upon the appellate court no jurisdiction of the cause, the writ of error should be dismissed. Simmons v. Hanne, 50 Fla. 267, 39 South. Rep. 77; Bond v. State ex rel. Jarvis, 34 Fla. 45, 15 South. Rep. 591.
An order will be entered dismissing the writ of error. Shackleford, C. J., and Cockrell, J., concur;
Taylor and Hocker, JJ., concur in the opinion.
Parkhill, J., disqualified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lamb v. State, 91 Fla. 396 (Fla. 1926)…s issued by the Circuit Court in a criminal case more than six months after the judgment of conviction, six months being the limitation within which writs of error in civil causes shall be issued. Sec. 2909 Rev. Gen. Stats. 1920; Eaton v. McCaskill; 53 Fla. 513, 43 South. Rep. 447; Simmons v. Hanne, 50 Fla. 267, 39 South. Rep. 77. In the Nickels - case a new trial' was had because the material facts unknown to the court at the first trial was the tender- of a . plea of guilty under duress. At common law i…
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McClellan v. Wood, 78 Fla. 407 (Fla. 1919)…h was December 22, 1866. If a motion for new trial was made in the case the law then required it to be made during the term, and if made it presumably was disposed of before the court adjourned for the term December 22, 1866. In Eaton v. McCaskill, 53 Fla. 513, 43 South. Rep. 447, decided after the period of limitation was reduced to six months it ivas held that “a unfit of error on a judgment in a civil action not sued out and taken within six months from the date of the judgment, as provided by the stat…
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Atl. Coast Line R.R. Co. v. Holliday, 73 Fla. 269 (Fla. 1917)…readily apparent, which is important, as Section 1699 of the General Statutes of 1906 provides that all writs of error in judgments in civil actions shall be sued out and taken within six months from the date of the judgment. See Eaton v. McCaskill, 53 Fla. 513, 43 South. Rep. 447. It does appear by the transcript and the certificate of the Clerk appended thereto that the judgment which we have copied above was rendered in the instant case and that the same was entered in the minutes of the court, but it d…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Simmons v. Hanne, 50 Fla. 267 (Fla. 1905)
- Hodges v. Moore, 46 Fla. 598 (Fla. 1903)
- Bond v. The State of Fla. ex rel. Julia Jarvis, 34 Fla. 45 (Fla. 1894)