EMILIE HALE, ALSO KNOWN AS EMILIE M. HALE, PETITIONER,
v.
FRANK A. MARTIN, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court held that the statutory requirement for an original plaintiff to pay assessed costs as a condition precedent to appeal applies equally to appeals from the Civil Court of Record of Dade County to the Circuit Court as it does to appeals to the Supreme Court from circuit court judgments. The court quashed the lower court's order allowing late payment of costs.
The requirement that an original plaintiff pay costs duly assessed against him as a condition precedent to appeal is a jurisdictional requirement that applies to appeals from the Civil Court of Record of Dade County to the Circuit Court for Dade County in the same manner and to the same extent as it applies to appeals to the Supreme Court from circuit court judgments or decrees.
“the requirement that the original plaintiff pay costs duly assessed against him, as- a condition precedent to taking, an appeal to this Court from an adverse judgment 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specifically taxed in an amount certain and the original plaintiff has not assigned as error the taxation of costs and superseded their taxation.”
Establishes that payment of costs is a jurisdictional prerequisite to appeal in cases before the Supreme Court.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFrank Martin sued Emilie Hale in the Civil Court of Record for Dade County, Florida, and judgment was entered in favor of the defendant. Martin appeal…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Appellate Jurisdiction cases and more on FLexlaw
SEBRING, Justice.
Frank Martin sued Emilie Hale in the Civil Court of Record for Dade County, Florida, and a judgment was entered in favor of the defendant. The plaintiff appealed the judgment to the Circuit Court for Dade County but failed to pay the costs specifically assessed against him in the lower courty as a condition precedent to the appeal. The appellee moved to dismiss the appeal on the ground that the appellant had failed to pay the costs which had been duly assessed against him in the suit in the court below. The Circuit Court denied the motion and allowed the plaintiff to pay the costs of original suit more than a month after the appeal had been taken. In this certiorari proceeding we are asked to determine whether or not section 59.09, Flor ida Statutes 1951, F.S.A., requiring ,tlie payment of costs by an original plaintiff as a condition precedent to appeal, is applicable to appeals to the 'Circuit Court from the Civil Court of Record of Dade County.
Under the decisions of -this Court it is held that the requirement that the original plaintiff pay costs duly assessed against him, as-a condition precedent to taking, an appeal to this Court from an adverse judgment 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, F.S.A., provides that “The circuit court of the county wherein any such civil court of record shall be established, shall have appellate jurisdiction to review judgments or orders of such civil court of record in the same manner and with like powers as the supreme court shall have jurisdiction to review in like actions the judgments and orders of such circuit court * * *.”
Inasmuch as the Circuit Court for Dade County, when sitting as an appellate court in the consideration of appeals from the Civil Court of Dade County, may exercise jurisdiction only “in the same manner and with like powers” as the Supreme Court may -exercise its jurisdiction in appeals from circuit court judgments or decrees, we have the view that the provisions of section 59.09, Florida Statutes 1951, F. S.A., apply to appeals from thé Civil Court of Re'cord of Dade County to the Circuit Court for Dade County to the same extent and in like manner as the statute applies to appeals brought here1 from circuit court orders, judgments and decrees.'
Accordingly, the order brought here for review should be quashed with directions that an order be entered in the Circuit Court in conformance with the views expressed in this opinion.
It is so ordered.
ROBERTS, C. J., and MATHEWS and DREW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Berg v. NEW York Life Ins. Co., 81 So. 2d 630 (Fla. 1955)…this provision of the statute “is for the benefit of the defendant and may be waived.” Busch v. Goodno, 99 Fla. 517, 128 So. 825, 826; Haile v. Mason Hotel & Investment Company, 71 Fla. 469, 71 So. 540. While it is true that in Hale v. Martin, Fla., 76 So. 2d 279, 280, this Court stated, with respect to the provisions of the above statute, that “the requirement that the original plaintiff pay costs duly assessed against him, as a condition precedent to taking an appeal * * * from an adverse judgment or decre…
-
O'Connell v. Mason, 93 So. 2d 71 (Fla. 1957)…pply to all appeals taken to this Court whether chancery or common law and even to appeals taken to the circuit court from courts over which such circuit courts have appellate jurisdiction. As to the latter proposition, see Hale v. Martin, Fla.1954, 76 So. 2d 279. As to the former, see the annotation following Sec. 59.09, F.S.A. 1955 Cumulative Animal Pocket Parts. Realizing the hardship that the enforcement of this statute sometimes imposed upon original plaintiffs in appeals and in order to ease the bur…
-
Ogier v. John H. Swisher & Sons, Inc., 133 So. 2d 575 (Fla. 1st DCA 1961)…, 99 So. 2d 636; Walker v. City of Jacksonville, 154 Fla. 893, 19 So. 2d 372. . Bredin v. Bredin, Fla.1959, 111 So. 2d 265; Spector v. Ahrenholz, Fla.App.1958, 99 So. 2d 714; O’Connell v. Mason, Fla. 1957, 93 So. 2d 71. . Hale v. Martin, Fla.1954, 76 So. 2d 279; Busch v. Goodno, 99 Fla. 517, 128 So. 825. . Walker-Skagseth Food Stores, Inc. v. National Surety Corp., see footnote 3; Smith et al. v. Dillard et al., 84 Fla. 516, 94 So. 664; Haile v. Mason Hotel and Inv. Co., 71 Fla. 469, 71 So. 540.…
Authorities Cited
- Zelda Davies Walker v. City OF Jacksonville, 154 Fla. 893 (Fla. 1944)