NELSON PROPERTIES, INC.,
v.
H. W. DENHAM

Fla. | 1938-02-09
Ellis, C. J., and Whitfield, Terrell, Buford, and Chapman, J. J., concur., Brown, J., not participating.
131 Fla. 138 Florida Supreme Court (1938) Positive Treatment
Also reported at: 179 So. 406
Cited by 10 cases

Opinion of the Court
Per Curiam.

Per Curiam.

The appeal in this case is dismissed because it appears from the record in this case that no valid notice of appeal was filed and entered of record; the purported notice of appeal being not from any order or decree of the Court, but “to the Bill of Complaint as Amended." Nor does it appear that the purported notice of appeal was recorded as required by Section 4964 C. G. L. 1927.

Dismissed.

Ellis, C. J., and Whitfield, Terrell, Buford, and Chapman, J. J., concur.

Brown, J., not participating.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Nardone v. Reynolds, 333 So. 2d 25 (Fla. 1976)
    …nts of which are not known should be imputed to the parents, etc. The following passage from C.J.S. pertaining to ignorance and concealment of causes of action was quoted with approval by this Court in Franklin Life Ins. Co. v. Tharpe, 131 Fla. 213, 179 So. 406 (1938), and subsequently cited by the District Court of Appeal in Houston, et al. v. Florida Georgia Television Company, 192 So. 2d 540 (Fla.App.1, 1966): “Ignorance and Concealment of Causes of Action — a. Ignorance in General. Omitting at this pl…
  • Senfeld v. The Bank of Nova Scotia Tr. Co. (cayman) Ltd., 450 So. 2d 1157 (Fla. 3d DCA 1984)
    …the money. We reject this argument as well. While it is true that “mere ignorance of the facts which constitute the cause of action will not postpone the operation of the statute of limitations,” Franklin Insurance Co. v. Tharpe, 131 Fla. 213, 214, 179 So. 406, 407 (1938), it is equally true that where the plaintiff’s ignorance is blameless, the cause of action will not arise until the plaintiff knows or is chargeable with knowledge of an invasion of his legal right, Miami Beach First National Bank v. Edg…
    1 / 2
  • Miami Beach First Nat'l Bank v. Edgerly, 121 So. 2d 417 (Fla. 1960)
    …overy of the fact that a right, which will support a cause of action, has been invaded, is not new in this State. It has been utilized in the City of Miami v. Brooks, Fla.1954, 70 So. 2d 306, and Franklin Life Ins. Co. v. Tharpe, 1938, 131 Fla. 213, 179 So. 406, both being cited in the district court’s opinion, and more recently in the case of Seaboard A. L. R. Co. v. Ford, Fla.1957, 92 So. 2d 160. As pointed out by the district court in its opinion, the Edgerlys, now respondents in this Court, argued in…

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