American Contract & Finance Co. v. Perrine
| Decision Date | 14 October 1898 |
| Citation | 40 Fla. 412,24 So. 484 |
| Parties | AMERICAN CONTRACT & FINANCE CO. et al. v. PERRINE et al. |
| Court | Florida Supreme Court |
Appeal from circuit court, Dade county; John D. Broome, Judge.
Bill by the American Contract & Finance Company and others against Henry E. Perrine and others. Decree dismissing bill, and plaintiffs appeal. Dismissed.
Syllabus by the Court
1. A subsequent appeal entered by the same party from the same decree, while his prior appeal is still pending and effective, is irregular, and will be dismissed.
2. Where an appellant neglects to file transcript of the record and shows no good cause for his failure so to do, his appeal will be dismissed.
COUNSEL T. M. Day, Jr., for appellants.
Robbins & Graham and H. J. Baker, for appellees.
A bill in equity was filed by appellants against appellees in the circuit court of Dade county, and such proceedings were had thereupon that on March 7, 1898, a decree was entered dismissing the bill. On March 30th, appellants entered their appeal, returnable to the first day of the present term of this court, from the final decree, and also from an interlocutory one rendered in November, 1897, and the entry of appeal was recorded in the chancery order book on the same day. On May 9th appellants filed in the court below their assignment of errors, and also directions to the clerk for making up the transcript, directing him to begin preparation thereof on May 25th. Copies of these directions and the assignment of errors were duly served upon appellees, who gave no additional directions to the clerk. If any transcript was made up under these directions, it has not been filed in this court. On May 30th, appellants, without dismissing their previous appeal, entered another from the same decrees returnable July 2d, a day in the present term which entry was recorded on the same day in the chancery order book. On the same day they filed their assignment of errors and directions to the clerk for making up the transcript, naming June 14th as the time for commencing the preparation thereof. Copies of these directions and the assignment of errors were served upon appellees through the mails on May 31st. On June 14th, appellants filed in this court a transcript of the record made up in accordance with the directions last filed by them, purporting to have been certified by the clerk of the court below on the same day June 14th. This transcript, in compliance with appellants' last directions, contains copies of the entries of both appeals and of the assignment of errors and directions to the clerk filed after the entry of each appeal.
The appellees move to dismiss the first appeal because no transcript of...
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Wildwood Crate & Ice Co. v. Citizens Bank of Inverness
... ... in Long v. Sphaler, 89 Fla. 499, 105 So. 101; ... American Contract Co. v. Perrine, 40 Fla. 412, 24 ... So. 484; and Da Costa v ... ...
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Da Costa v. Dibble
...which forbids the maintenance of two effective appeals at the same time is based upon reason and authority. As said in American Contract & Finance Co. v. Perrine, supra, 'there can be no necessity for a second appeal in cases, as the first can be made to accomplish every purpose for which t......
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Lobell v. Stock Oil Company
... ... appeal should be dismissied. (American &c. Co. v ... Perrine, (Fla.) 24 So. 484; DaCosta v. Dibble, ... (Fla.) ... ...
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Long v. Sphaler
...attempted appeal were pending. But, as we have seen, a third appeal was apparently entered while merely irregular. American Contract & Finance Co. v. Perrine, supra. Prior the filing of appellees' motion to dismiss on May 6, 1925, the first appeal had been dismissed on motion of appellants,......