De Bogory v. Hafleigh
| Decision Date | 25 April 1921 |
| Citation | 81 Fla. 631,88 So. 470 |
| Parties | DE BOGORY et al. v. HAFLEIGH et ux. |
| Court | Florida Supreme Court |
Suit by Norman B. Hafleigh and wife against Adelaide S. De Bogory and husband. Decree for complainants, and defendants appeal.
Appeal dismissed.
Syllabus by the Court
Return day of chancery appeals governed by statute regulating writs of error. The return day in appeals in chancery is governed by the statutes regulating writs of error.
Time of return day in chancery cases dates from entry of appeal. The statute (Comp. Laws 1914, § 1698) provides that the return day of a writ of error shall be 'more than thirty days and not more than ninety days from the date of the writ,' or in chancery cases from the entry of the appeal.
Appellee's appearance does not give jurisdiction where appeal void. Where an appeal to the Supreme Court is made returnable in violation of the statute so as to be void and to confer no jurisdiction of the subject-matter upon the Supreme Court the appearance of the appellee cannot of itself give the court jurisdiction of the subject-matter of the appeal, and such an appeal so taken should be dismissed by the court sua sponte.
Return of chancery appeal held to violate statute. An appeal in a chancery cause entered on December 14, 1920, and made returnable January 10, 1921, violates the statute and will be dismissed sua sponte.
Appeal from Circuit Court, Dade County; H. Pierre Branning, judge.
D. J Heffernan and Carl T. Hoffman, both of Miami, for appellants.
Hudson Wolfe & Cason, of Miami, for appellees.
The entry of appeal herein is as follows:
'Norman B. Hafleigh and Bertha Hafleigh, His Wife, Complainants,
v.
Adelaide S. De Bogory and P. De Bogory, Her Husband, Defendants.
'Notice of Appeal.
'This appeal is made returnable on the 10th day of January, A. D. 1921, and the clerk of the circuit court aforesaid is hereby directed to forthwith file this notice of appeal and record same in the Chancery Order Book, as required by law.
'Dated at Miami, Fla., this 14th day of December, A. D. 1920.'
The return day in appeals in chancery is governed by the statutes regulating writs of error. Section 1912, Gen. Stats. 1906; Parker v. Evening News Pub. Co., 54 Fla. 482, 44 So. 718; Ayers v. Daniels, 67 Fla. 482, 65 So. 660; Ates v. Langley, 61 Fla. 504, 54 So. 264; Spencer v. Travelers' Ins. Co., 39 Fla. 677, 23 So. 442; section 3173, Rev. Gen. Stats. 1920.
The statute provides that the return day of a writ of error shall be 'more than thirty days and not more than ninety days from the date of the writ,' or in chancery cases from the entry of the appeal. Section 1698, Gen. Stats. 1906, Compiled Laws 1914; Rev. Gen. Stats. 1920, § 2908.
Where an appeal to the Supreme Court is made returnable in violation of the statute so as to be void and to confer no jurisdiction of the subject-matter upon the Supreme Court, the appearance of the appellee cannot of itself give the court jurisdiction of the subject-matter of the appeal,...
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South Atlantic S.S. Co. of Delaware v. Tutson
...Dupree v. Elleman, Fla., 191 So. 65, and Weaver-Loughridge Lumber Co. v. Coleman, Fla., 191 So. 16, filed July 21, 1939. DeBogory v. Hafleigh, 81 Fla. 631, 88 So. 470; Willey v. Hoggson, 89 Fla. 446, 105 So. Sumner Lumber Co. v. Mills, 64 Fla. 543, 60 So. 757. Amendments of an entry of appe......
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Mcjunkins v. Stevens
...Where the appeal or writ of error is taken in violation of the statute an express or implied appearance is of no avail. De Bogory v. Hafleigh, 81 Fla. 631, 88 So. 470; Reed v. Cromer, 86 Fla. 390, 98 So. 329; v. Higgins, 19 Fla. 103; Griffity v. Henderson, 52 Fla. 507, 42 So. 705; Anderson ......
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Provident Sav. Bank & Trust Co. v. Devito
... ... thirty days and not more than ninety days from the date of ... the' entry of appeal. DeBogory v. Hafleigh, 81 ... Fla. 631, 88 So. 470; Arnold v. Boyce (Fla.) 122 So ... 117; Long v. Sphaler, 89 Fla. 499, 105 So. 101; ... Buck v. All Parties, 86 Fla ... ...