WILLIAM ATES, APPELLANT,
v.
JOHN L. LANGLEY, APPELLEE

Fla. | 1911-01-01
Whitfield, C. J., and Shackleford and Cockrell, J. J., concur;, Taylor, Hooker and Parki-iill, J. J., concur in the opinion.
61 Fla. 504 Florida Supreme Court (1911) Positive Treatment
Cited by 12 cases

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Synopsis

The Florida Supreme Court dismissed an appeal because the entry of appeal was not made returnable within the statutorily prescribed timeframe. The court emphasized the importance of adhering to procedural rules for appellate filings.

Holding

No, the appeal was not made returnable within the statutory period. Therefore, the appeal is dismissed.

Key Quotes

“Chapter 5638, Acts of 1907, requires that a writ of error “shall be returnable to a day either in term time or vacation more than thirty days and not more than ninety days from the date of the writ.””

This quote establishes the statutory rule governing the return date for writs of error.

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Facts & Procedural History

An entry of appeal was filed and recorded on July 7th, 1910, and made returnable on October 6th, 1910. This date was more than ninety days from the da…

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Opinion of the Court
Per Curiam.-

Per Curiam.-

The entry of appeal in this cause was filed and recorded on July 7th, 1910, and made returnable October 6th, 1910.

Chapter 5638, Acts of 1907, requires that a writ of error “shall be returnable to a day either in term time or vacation more than thirty days and not more than ninety days from the date of the writ.” Under section 1912, of the General Statutes of 1906, an appeal in a chancery cause is governed as to the return day by the provisions as to writs of error. Parker v. Evening News Publishing Co., 54 Fla., 482, 44 South. Rep., 718.

As October 6th is “more than ninety days from the date of the” appeal, the entry of appeal is not made in accordance with the statue and the appeal is .dismissed. Whitfield, C. J., and Shackleford and Cockrell, J. J., concur;

Taylor, Hooker and Parki-iill, J. J., concur in the opinion.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Alda Ayers v. Linton Daniels, 67 Fla. 482 (Fla. 1914)
    …ts of 1907, Section 1912 Gen. Stats. of 1906; Spencer v. Travelers’ Ins. Co., 39 Fla. 677, 23 South. Rep. 442; Parker v. Evening News Pub. Co., 54 Fla. 482, 44 South. Rep. 718; Griffith v. Henderson, 52 Fla. 507, 42 South. Rep. 705; Ates v. Langley, 61 Fla. 504, 54 South. Rep. 264. The “order of the court dated 30th October, 1913, granting the right to appeal,” was made at the instance of the appellants and is not an appealable order since “appeals in chancery shall be matters of right.” Sec. 1906 Gen. Sta…
  • Adelaide S. DeBogory and P. DeBogory v. Hafleigh, 81 Fla. 631 (Fla. 1921)
    …turn day in appeals in chancery is governed by the statutes regulating writs of error. Sec. 1912, Gen. Stats. 1906; Parker v. Evening News Pub. Co., 54 Fla. 482, 44 South. Rep. 718; Ayers v. Daniels, 67 Fla. 482, 65 South. Rep. 660; Ates v. Langley, 61 Fla. 504, 54 South. Rep. 264; Spencer v. Travelers’ Ins. Co., 39 Fla. 677, 23 South. Rep. 442; Sec. 3173, Rev. Gen. Stats. 1920. The statute provides that the return day of a writ of error shall be “more than thirty days and not more than ninety days from t…
  • Provident Sav. Bank & Tr. Co. v. Devito, 98 Fla. 1076 (Fla. 1929)
    …. “The return day in appeals in chancery is governed by the statutes regulating writs of error. Sec. 1912, Gen. Stats. 1906; Parker v. Evening News Pub. Co., 54 Fla. 482, 44 So. R. 718; Ayers v. Daniels, 67 Fla. 482, 65 So. R. 660; Ates v. Langley, 61 Fla. 504, 54 So. R. 264; Spencer v. Travelers’ Ins. Co., 39 Fla. 677, 23 So. R. 442; Sec. 3173, Rev. Gen. Stats. 1920; Sec. 4965, Comp. Gen. Laws 1927. “The statute provides that the return day of a writ of error shall be ‘more than thirty days and not more…

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