THE GLOBE & RUTGERS FIRE INSURANCE COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
v.
GEORGE LEWALLEN AND JOSEPH A. O'BERRY, CO-PARTNERS AS LEWALLEN & COMPANY, DEFENDANTS IN ERROR
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The Florida Supreme Court dismissed a case due to a deficient certified transcript of the record, emphasizing the necessity of proper certification for appellate review.
The court held that the transcript was not properly certified and therefore the case could not be adjudicated.
“no .properly certified transcript of the record has ever been filed here in compliance with the rules.”
identifies the primary reason for dismissal.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error, The Globe & Rutgers Fire Insurance Company, brought a case to the Florida Supreme Court via writ of error. The purported trans…
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Per Curiam:
This case was brought here by writ of error returnable to the 20th day 'of March, 1908, from the Circuit Court of Hillsborough County. Upon taking the same up for final adjudication the court finds that no .properly certified transcript of the record has ever been filed here in compliance with the rules. The certificate of the Circuit Court Clerk appended to wh'at purports to be a transcript asserts simply that it “contains a correct transcript of the record” * * * and that it contains “a true and correct recital of all such papers and proceedings in said cause” &c. The certificate fails to state that it contains a correct transcript of the record of the judgment; and fails to state that it contains a true and correct copy of all such papers'-and proceedings &c. and is therefore fatally deficient as an Authoritative certification to this court of the transcript of the record of the court below, and the said cause must, therefore be, and is hereby, dismissed at the cost of the plaintiff in error. Atkins v. Morgan, 50 Fla. 173, 39 South. Rep. 534; First Nat. Bank of Pensacola v. Oxford Lake Line, 45 Fla. 275, 34 South. Rep. 893; Burnham v. Driggers, 44 Fla. 168, 32 South. Rep. 796; Porter v. Ewing, 51 Fla. 265, 39 South. Rep. 993.
Parkhill, J.,
dissents for the reasons stated in his dissenting opinions in Porter v. Ewing, supra, and Dees et al. v. Cassels, 54 Fla. 485, 44 South. Rep. 1013.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McRainey v. Jarrell, 59 Fla. 585 (Fla. 1910)…edings. Under the settled practice of this court, this appeal must be dismissed because of such defective certificate. See Dees v. Cassels, 54 Fla. 485, 44 South. Rep. 1013, and authorities there cited, and Globe & Rutgers Fire Ins. Co. v. Lewallen, 56 Fla. 306, 47 South. Rep. 795. Appeal dismissed. All concur.…
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Clark v. Cochran, 77 Fla. 98 (Fla. 1919)…ten demands of the said parties.” See Special Rule 3, Rules of Circuit Courts; also Rule 103. The writ of error is dismissed upon the authority of the above rules and the following decisions of this court: Globe & Rutgers Fire Ins. Co. v. Lewallen, 56 Fla. 306, 47 South. Rep. 795; Keen v. State ex rel. Drane, 56 Fla. 241, 47 South. Rep. 924; Burnham v. Driggers, 44 Fla. 168, 32 South. Rep. 796; First Nat. Bank of Pensacola v. Oxford Lake Line, 45 Fla. 275, 34 South. Rep. 893; Dees v. Cassels, 54 Fla. 485,…
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Keen v. The State of Fla. ex rel. H. J. Drane & J W. Bryant, 56 Fla. 241 (Fla. 1908)…he record is fatally defective the writ of error or appéal will be dismissed ; and that the defect found in the certificate of the clerk to the transcript in this case is a fatal one. The Globe & Rutgers Fire Insurance Company v. Lewallen & Company, 56 Fla. 306, 47 South Rep. 795, decided here at the present term and cases there cited. The writ of error herein must, therefore, be and is hereby dismissed at the cost of the plaintiffs in error. All concur, except Parkhill, J., who dissents.…
Authorities Cited
- Burnham v. Driggers, 44 Fla. 168 (Fla. 1902)
- First Nat'l Bank of Pensacola v. Oxford Lake Line, 45 Fla. 275 (Fla. 1903)
- Akin v. Morgan, 50 Fla. 173 (Fla. 1905)
- Porter v. Ewing, 51 Fla. 265 (Fla. 1906)
- Dees v. Cora S. Cassels, 54 Fla. 485 (Fla. 1907)