JOHN DORSEY, APPELLANT,
v.
CARRIE BELLE GRIFFINS, APPELLEE
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The Florida Supreme Court dismissed an appeal due to a deficient clerk's certificate in the record, but allowed for reinstatement upon compliance with statutory requirements.
Yes, the omission of "and copy" from the clerk's certificate is grounds for dismissal. However, the appeal can be reinstated if the statutory requirements are met.
“The words “and copy” are omitted from the certificate [*1021] of the clerk attached to the record.”
Identifies the specific defect in the record that led to the dismissal.
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Join FLexlaw to unlock all legal intelligenceThe appeal was from an interlocutory decree. The clerk's certificate attached to the record omitted the words "and copy." The certificate should have …
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Davis, Commissioner:
This is an appeal from an interlocutory decree.
The words “and copy” are omitted from the certificate of the clerk attached to the record. The certificate should show that the transcript contains a “true and correct recital and copy of all such papers and proceedings” that were directed to he included therein by the parties, as provided by rules of court. Special Rule 3, Dees v. Cassels, 54 Pla. 485, 44 So. R. 1013; Clark v. Cochran, 77 Fla. 98, 80 So. R. 745 and cases therein cited.
The case should, therefore, be dismissed, but should be reinstated upon compliance with the terms of Section 4634, Comp. Gen. Laws of Florida.
Per Curiam.—The record in this cause having been considered by the Court,- and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court-as its opinion, it is considered, ordered and decreed by the Court that the appeal in this cause should be, and the same is hereby, dismissed, but should be reinstated upon compliance with the terms of Section 4634, Comp. Gen. Laws of Fla. Terrell, C. J., and Whitfield, Ellis, Strum, Brown and Buford, J. J., concur.