GEORGE M. SCHMIT, ET AL., APPELLANTS,

v.

E. A. MOORE, APPELLEE

Citator

Cited By

• S. Atl. S.S. Co. of Del. v. Sumpter Tutson and Katie May Tutson, 139 Fla. 405 (Fla. 1939)
  …and are waived as to the cause or as to the parties, or as to both, as the appellate process may be ineffectual to give appellate jurisdiction as to one or to both the cause and the parties. Provident Savings Bank & Tr. Co. v. Devito, 98 Fla. 1076, 125 So. 235; Dupree v. Elleman, and Weaver-Loughridge Lumber Co. v. Coleman, filed July 21, 1939; DeBogory v. Hafleigh, 81 Fla. 631, 88 So. 470; Wiley v. Hoggson, 89 Fla. 446, 105 So. 126; Sumner Lumber Co. v. Mills, 64 Fla. 513, 60 So. 757. Amendments of an e…
• Forcum v. Symmes, 133 So. 88 (Fla. 1931)
  …udgment or decree sought to be reviewed; that proceedings in error are amendable as other proceedings. But this statute assumes that there must be a proper party appellant; otherwise there is no appeal. In Provident Savings Bank Trust Co. v. Devito, 125 So. 235, we held that adversary parties have a right in the due observance of statutory regulations of the manner in which appeals should be made effective; that it is the filing of a legally sufficient entry of appeal which is essential to give this court…
• Bumby & Stimpson, Inc. v. Peninsula Utils. Corp., 179 So. 2d 414 (Fla. 3d DCA 1965)
  …t matter upon the court, the appearance of the appellee cannot of itself give the court jurisdiction of the subject matter, and the appeal should be dismissed by the court sua sponte. Provident Savings Bank & Trust Co. v. Devito, 1929, 98 Fla. 1076, 125 So. 235. A court has no power to act in the absence of the jurisdic [*416] tional foundation for the exercise of the power. State ex rel. Diamond Berk Ins. Agency v. Carroll, Fla.1958, 102 So. 2d 129; Schutzer v. City of Miami, Fla.App.1958, 99 So. 2d 729.…