EDWARD ROBBINS, PETITIONER,
v.
S. D. S. CIPES AND A. BRET CIPES, INDIVIDUALLY AND AS A PARTNERSHIP DOING BUSINESS AS S. D. S. CIPES, REALTORS, RESPONDENTS
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A notice of appeal should not be dismissed for minor, non-prejudicial errors in specifying the record book if the order can be identified with certainty.
The notice of appeal erroneously stated the order was recorded in the 'Minute Book' instead of the 'Chancery Order Book,' though the book and page num…
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Petitioner seeks certiorari to review an order of the District Court of Appeal dismissing his appeal. Jurisdiction is grounded on the proposition that the dismissal of the appeal is in conflict with Seaboard Air Line Railroad Company v. Holt, (1955, Fla.) 80 So.2d 354, Watson v. Dedmon (1962, Fla.App.) 145 So.2d 564, and similar cases.
The record shows that the notice of appeal 1 erroneously recited that the order was recorded in the “Minute Book” instead of in the “Chancery Order Book”. The sole *522ground alleged in the motion to dismiss2 was that the petitioner in his notice of appeal had made reference to the Minute Book rather than the Chancery Order Book, the book and page number being otherwise correct. The notice of appeal is directed to the “order granting a motion to dismiss amended complaint entered * * * under date of the 3rd day of June, 1964”.
In Seaboard Air Line Railroad Company v. Holt, supra, where the book and page number were not set forth in the notice, we held:
“ * * * We hold that if the notice of appeal gives to an adverse party and to the appellate court information by the use of which the order or judgment intended to be appealed can be discovered in the record with a reasonable degree of certainty, its purpose is accomplished and it should be held sufficient to withstand a motion to dismiss predicated upon failure strictly to comply with the prescribed form.”
The order appealed from in this case was properly described, the date of its entry was accurately set out and the book and page number were correct. The only error was in specifying that the book was the “Minute Book” rather than the “Chancery Qrder Book” where, in fact, it was recorded. The conclusion that appellees could not have been misled, prejudiced or even inconvenienced by this error is bolstered by the fact that the notice of appeal was properly captioned “In Chancery” thus making the existence of error in this respect apparent. Appellees’ attorneys are presumed to know that orders in Chancery cases are, as a matter of course, required by law to be entered in the Chancery Order Book. Prejudice in such a situation is mythical. Appeals to the Supreme Court and the District Courts of Appeal are constitutionally guaranteed rights in this State.3 This being true, it is fundamental that statutes or rules regulating the exercise of such rights should be liberally construed in favor of the appealing party and in the interest of manifest justice.4
The time within which the jurisdiction of an appellate court in this State may be invoked is fixed by statute and is, therefore, jurisdictional.5 Deficiencies or ambiguities in the notice of appeal may be waived by the conduct of opposing party. Moreover, in testing the sufficency of the notice, the record itself should be examined. Where the examination of the notice of the appeal and other appellate documents such as assignments of error, briefs and other pertinent papers show that the parties have not been misled or prejudiced by any deficiencies or ambiguities in the notice itself, the dismissal of such an appeal would not only be contrary to prior precedents of this Court but inconsistent with the concept of our appellate procedures and the true administration of justice. It is pertinent to note that F.A.R. 3.2, 31 F.S.A. provides that an appeal shall be commenced by filing a notice of appeal and taking certain other *523steps. The rule provides that the notice of appeal may be in the form approved by the Court.' The rule further provides that the filing of the notice and deposit of the fee with the Clerk shall give the Court jurisdiction. There is nothing in Rule 3.2 that could or should be construed as requiring the dismissal of an appeal because of ambiguities or insufficiencies of the notice which do not mislead or prejudice the opposing party.
The questioned decision is quashed with directions to the District Court to reinstate the appeal.
It is so ordered.
THORNAL, C. J., ROBERTS and O’CONNELL, JJ., and KING, Circuit Judge, concur.
THOMAS, J., not participating.
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State of Fla. ex rel. Alfred Gordon POE & Doris v. Poe, 196 So. 2d 745 (Fla. 1967)…ned by the appellate court, and the Rule Nisi should accordingly be discharged. It is so ordered. THORNAL, C. J., THOMAS and CALDWELL, JJ., and SPECTOR, District Court Judge, concur. . F.S. ch. 59, F.S.A. . Fla.1966, 181 So. 2d 638. . Fla.1966, 181 So. 2d 521. . Ibid, p. 522. . Greyhound Corp. v. Carswell, note 2, 181 So. 2d p. 640. . Edwards v. Poe, Fla.App., 189 So. 2d 220, 222. . Rule 3.2, F.A.R., 31 F.S.A.: “Deficiencies in form or substance in the notice of appeal shall not be jurisdictional and…
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The Greyhound Corp. v. Carswell, 181 So. 2d 638 (Fla. 1966)…ter action is justified by the purpose of our procedural rules to effect a proper administration of justice under law.” . Fla., 1963, 151 So. 2d 5, 8. . Fla.Const., Art. V, § 5(3), F.S.A. . F.A.R. Rule 3.2, subd. d. . See Robbins v. Cipes, Fla., 181 So. 2d 521, opinion filed January 5, 1966, relating to tbe same question.…
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Robustiano Puga & Medmold, Inc. v. Suave Shoe Corp., 417 So. 2d 678 (Fla. 3d DCA 1981)…hat notice and have not been prejudiced by any deficiencies or ambiguities in the notice of appeal, the dismissal of such an appeal is inconsistent with the concept of appellate review and with proper administration of justice. See Robbins v. Cipes, 181 So. 2d 521 (Fla.1966).” Now, we are told that the appellant need only file, in the proper court, a notice of appeal with the correct style and parties which expresses a desire to appeal and that is sufficient; he need not demonstrate in any way an intent to a…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ramagli Realty Co. v. Craver, 121 So. 2d 648 (Fla. 1960)
- Seaboard AIR Line R.R. Co. v. Holt, 80 So. 2d 354 (Fla. 1955)
- In re Est. of George H. Wartman v. Wartman, 128 So. 2d 600 (Fla. 1961)
- State of Fla. ex rel. A. L. Moore & wife v. Honorable John A. H. Murphree, 106 So. 2d 430 (Fla. 1st DCA 1958)
- Darel F. Watson v. Dedmon, 145 So. 2d 564 (Fla. 1st DCA 1962)