ZELDA DAVIES WALKER
v.
CITY OF JACKSONVILLE, A MUNICIPAL CORPORATION
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The Florida Supreme Court dismissed an appeal because the appellant failed to pay costs in the lower court, as required by a state statute. The court acknowledged the statute might be harsh but affirmed its obligation to enforce legislative mandates.
Yes, the failure to pay costs in the lower court mandates dismissal of the appeal, as the court is bound to enforce the legislative mandate despite any perceived harshness.
“This cause is before, us on appeal and motion to dismiss, . timely made, on the ground that appellant has failed to comply with the mandatory provisions of Sec. 59.09 Fla. Stats. 1941, (same F.S.A.) requiring the payment of costs in the lower court before a plaintiff may invoke the right of review in the Supreme Court.”
This quote establishes the procedural posture of the case and the specific statutory ground for the motion to dismiss.
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Join FLexlaw to unlock all legal intelligenceThe appellant, Zelda Davies Walker, appealed a decision to the Florida Supreme Court. The appellee, the City of Jacksonville, filed a motion to dismis…
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This cause is before, us on appeal and motion to dismiss, . timely made, on the ground that appellant has failed to comply with the mandatory provisions of Sec. 59.09 Fla. Stats. 1941, (same F.S.A.) requiring the payment of costs in the lower court before a plaintiff may invoke the right of review in the Supreme Court.
We have repeatedly recognized the force and effect of the statute and applied its provisions on motion to dismiss, although we have intimated that it might be oppressive and, in our view, lacking in broad justice. See Union Bank of Florida, etc. v. McBride, 2 Fla. 23-25-26, Calison v. A.C.L. Ry. Co., 82 Fla. 516, 9 So. 619, and Busch, et al., v. Goodno, 99 Fla. 517, 128 So. 825.
The appellee has claimed the benefits of the statute which is within the province of the Legislature to enact. The courts may not ignore its terms. So, the appeal must be dismissed.
So ordered.
BROWN, THOMAS and SEBRING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cora Akins v. L. B. Bethea & the Perry Baking Co., 160 Fla. 99 (Fla. 1948)…on precedent to his suing out of a writ of error to an adverse judgment. See Union Bank of Florida v. McBride, 2 Fla. 23; Callison v. A.C.L. Ry. Co., 82 Fla. 516, 90 So. 619; Busch v. Goodno, 99 Fla. 517, 128 So. 825; Walker v. City of Jacksonville, 154 Fla. 893, 19 So. (2nd) 372. But such has never been the statutory requirement in respect to appeals in chancery; unless it be that section 9 of chapter 22854, Laws of Florida 1945 now makes such action necessary. See Williams v. Hilton, 25 Fla. 608, 6 So. 45…
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Funke v. Fed. Tr. Co., 99 So. 2d 636 (Fla. 3d DCA 1958)…rovision of the above cited statute and rule for prepayment of such costs is mandatory, and where the statute is not complied with and timely motion is made the court is without discretion and must dismiss the appeal. Walker v. City of Jacksonville, 154 Fla. 893, 19 So. 2d. 372. See also, MacNeill v. Marks, Fla.1952, 61 So. 2d 648, 649, and cases cited there. However, the right of the appellee to a dismissal may be waived. The notice of appeal to the Circuit Court was filed on January 4, 1957. The motion t…
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Emilie Hale v. Martin, 76 So. 2d 279 (Fla. 1954)…dgment or decree, is a jurisdiction^ al requirement when the, costs are specifically taxed in an amount certain and the original plaintiff has not assigned as error the taxation of costs and superseded their taxation. Walker v. City of Jacksonville, 154 Fla. 893, 19 So. 2d 372, and cases cited. If we are informed correctly, the Civil Court of Record of Dade County was organized and established pursuant to the provisions 'of Chapter 33, Florida Statutes 1951, F.S.A. Section 33.11(1), Florida Statutes 1951,…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Busch v. Goodno, 99 Fla. 517 (Fla. 1930)
- Callison v. Atl. Coast Line R.R. Co., 82 Fla. 516 (Fla. 1921)
- David Gordon and Wife v. Camp, 2 Fla. 23 (Fla. 1848)