J. W. BRASELTON, APPELLANT,
v.
H. A. WAYNE AND SUSIE J. WAYNE, APPELLEES
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The Florida Supreme Court dismissed an appeal from an interlocutory order because the underlying suit had been dismissed as to the party who had appealed the order, rendering the appeal ineffectual.
The appeal from the interlocutory decree is ineffectual and must be dismissed because the suit was subsequently dismissed as to the party who appealed the interlocutory order, and no appeal was taken from that dismissal.
“and that subsequently to [*55] the entry of such appeal, the suit was dismissed as to Susie J. Wayne, and a motion to reinstate the cause as to Susie J. Wayne was denied without prejudice to an application to amend the bill as to the defendant H. A. Wayne, and no appeal having been taken from the decree dismissing the suit as to Susie J. Wayne, or from the order denying the motion to reinstate as to her, the appeal from the interlocutory decree is ineffectual and is hereby dismissed.”
This quote explains the procedural events that led to the dismissal of the appeal.
In a foreclosure suit, an appeal was taken from an interlocutory order that sustained a plea filed by Susie J. Wayne. After the appeal was filed, the …
The full statement of facts, procedural history, and disposition for this case are member content.
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Per Curiam.
This cause coming on to be further heard, and it appearing that in a -foreclosure suit against II. A. Wayne and Susie J. Wayne, his wife, an appeal was taken from an interlocutory order sustaining a separate plea of the defendant Susie J. Wayne, and that subsequently to the entry of such appeal, the suit was dismissed as to Susie J. Wayne, and a motion to reinstate the cause as to Susie J. Wayne was denied without prejudice to an application to amend the bill as to the defendant H. A. Wayne, and no appeal having been taken from the decree dismissing the suit as to Susie J. Wayne, or from the order denying the motion to reinstate as to her, the appeal from the interlocutory decree is ineffectual and is hereby dismissed.
Whitfield, P. J., and West and Terrell, J. J., concur.