ALLEN WHITTED, APPELLANT,
v.
MRS. C. R. ABBE, APPELLEE
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The Florida Supreme Court denied an application to add new parties to an existing appeal, clarifying that parties must be included in the initial entry of appeal and recorded properly. The court allowed the appellant to dismiss the current appeal and file a new one with the correct parties.
The court held that new parties cannot be added to an appeal after the initial entry of appeal has been recorded. Summons cannot be issued to new parties in this manner.
“Under the provisions of Section 1911 of the.General Statutes of 1906 the only method of procuring notice of an appeal to the parties thereto is by the recording of the entry of appeal in the chancery order book, therefore the application for summons here must be denied”
This quote explains the statutory basis for the court's decision regarding notice and the inability to add parties via summons after the appeal entry.
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Join FLexlaw to unlock all legal intelligenceThe appellant sought to amend an existing appeal by adding new parties. The court was asked to issue summons to these new parties and to allow their i…
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Per Curiam.
— .This cause came on for hearing' upon an application to amend the entry of appeal in said cause here by adding new parties appellant, and for summons to such new parties. Under the provisions of Section 1911 of the.General Statutes of 1906 the only method of procuring notice of an appeal to the parties thereto is by the recording of the entry of appeal in the chancery order book, therefore the application for summons here must be denied; and as the only way to make parties appellant or appellee is to. include them in the entry of appeal as so recorded, the other feature of such application must be denied and it is so ordered, but with leave to the appellant to have the present appeal dismissed here by praecipe to be filed with the clerk here, and with leave to enter a new appeal with proper parties appellant and appellee, and with leave to make application to the court here, upon due notice to the adverse party, for leave to use the record now on file here upon such second appeal and to'amend such record by incorporating therein such new entry of appeal properly certified.
All concur.
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McJunkins v. Stevens, 88 Fla. 559 (Fla. 1925)…is not acquired by service of notice (Pyles v. Beall, 37 Fla. 549, 20 South. Rep. 775), or by recording (Garrison v. Parsons, 41 Fla. 143, 25 South. Rep. 336) as required by the statute, the appeal or Writ of Error will be dismissed (Whitted v Abbe, 54 Fla. 669, 45 South. Rep. 478; Stone v. State, 68 Fla. 248, 67 South. Rep. 163) unless the appellee appears generally in the cause in the Appellate Court or duly waives notice. See Southern States Land & Timber Co. v. Lowe, 61 Fla. 775, 55 South. Rep. 73. An…
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Wilson v. Duncan, 90 Fla. 112 (Fla. 1925)…ion to the court here, upon due notice to the adverse party, for leave to use the record now on file here upon such second appeal and to amend such [*120] record by incorporating therein such new entry of appeal properly certified. Whitted v. Abbee, 54 Fla. 669, text 670, 45 South. Rep. 478. It is so ordered. West, C. J., and Ellis, Terrell, Strum and Brown, J. J., concur.…
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Gardner v. N. Inv. Corp., 117 Fla. 291 (Fla. 1934)…affected. It follows that the City of Orlando was a necessary party to this appeal and as it was not made a party thereto, the appeal should be dismissed on authority of Hay, et al., v. Issetts, et ux., 98 Fla. 1026, 125 Sou. 237; Whitted v. Abbey, 54 Fla. 669, 45 Sou. 478; Smith, et ux., v. Fidelity Trust Co., 96 Fla. 168, 117 Sou. 791, and it is so ordered. Timely motion to dismiss was filed herein, but on con [*293] sideration thereof the same was continued until the filing of briefs. This case is to…
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