Dade County v. Snyder
| Decision Date | 31 October 1938 |
| Citation | 184 So. 489,134 Fla. 756 |
| Parties | DADE COUNTY v. SNYDER et al. |
| Court | Florida Supreme Court |
Suit by Dade County, Fla., a political subdivision of the State of Florida, against O. D. Snyder and another. From a decree dismissing the cause at the cost of plaintiff, the plaintiff appeals. On rehearing of order granting motion to dismiss appeal.
Order dismissing appeal vacated, and appeal reinstated. Appeal from Circuit Court, Dade County; H. F. Atkinson judge.
Hudson & Cason and Park H. Campbell, all of Miami, for appellant.
O. B White, of Miami, for appellees.
This case is before us on petition for a rehearing of an order heretofore made by this court granting a motion of appellees to dismiss the appeal. In connection with the petition for rehearing, suggestion of diminution of the record has been filed and the situation as now presented is as follows:
The lower court entered a final decree in this cause on July 2 1937, which was recorded four days later in the chancery order book. This decree merely dismissed the cause at the cost of the plaintiff.
On July 14, 1937, well within the twenty day period fixed by section 70 of the Chancery Practice Act of 1931, c. 14658, the plaintiff below, appellant here, filed its petition for a rehearing of the cause. This petition for rehearing was presented to one of the circuit judges for Dade County on July 27, 1937.
On March 25, 1938, the lower court entered its order granting a rehearing, which order was duly recorded in the chancery order book and set the cause down for hearing at 10:00 a. m on April 13, 1938, at which time counsel for the respective parties would be permitted to submit briefs and argue the cause before the court.
On May 24, 1938, the court entered its final decree dismissing the cause at the cost of the plaintiff. This was recorded on May 25, 1938, and in this decree the court stated that pursuant to the order of March 25, 1938, the cause had come before the court for rehearing on plaintiff's petition for rehearing, which had been duly filed in the cause, and that the court had reheard the cause and the arguments of counsel on April 13, 1938, and had reserved its final judgment in the premises. The order and decree of the court on this rehearing dated May 24, 1938, was that the chancellor found the equities to be with the defendants and dismissed the plaintiff's bill at the cost of the plaintiff.
This appeal was taken from this final decree of May 24, 1938, and the notice of entry of appeal was filed on June 6, 1938, and recorded in the chancery order book the following day. The appeal was made returnable on July 18, 1938, and the transcript of record was filed in this court on July 18, 1938. Section 70 of the Chancery Act of 1931 provides that a petition for rehearing shall be filed within twenty days after recording of decree. Section 71 of the Chancery Act of 1931 reads as follows:
Counsel for appellees urges that inasmuch as there was no order of the court staying the proceedings pending final determination of the petition for rehearing, the subsequent proceedings and the appeal in this case were ineffectual and without authority. Had affirmative relief been granted either party in this cause, then a stay order would...
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