Hodges v. Moore
| Decision Date | 23 June 1903 |
| Citation | 35 So. 13,46 Fla. 598 |
| Parties | HODGES et al. v. MOORE. |
| Court | Florida Supreme Court |
Appeal from Circuit Court, Gadsden County; John W. Malone, Judge.
Suit between W. M. Hodges and others and Phillip M. Moore. From a final decree, Hodges and others appeal. Dismissed.
Syllabus by the Court
1. Chapter 4130, p. 61, Laws 1893, limits the time within which appeals may be taken from final decrees in chancery to six months after the entry of the decree appealed from. Where such an appeal is taken to this court after the lapse of such limited time, this court acquires thereby no jurisdiction over the cause, and such appeal will be dismissed.
COUNSEL Roberson & Small, for appellants.
B. H. Palmer, for appellee.
This is an appeal from a final decree entered by Judge John W. Malone in a cause which was transferred to Gadsden county, Second Judicial Circuit, by the judge of the circuit court of Columbia county, in the Third Judicial Circuit. The final decree was entered on the 23d day of January, 1900, and the appeal was taken on the 19th day of August, 1900. More than six months having elapsed between the entry of the final decree and the date of the appeal, this court has no jurisdiction of the cause.
It is therefore ordered, adjudged, and decreed that the appeal be, and the same is hereby, dismissed, at the cost of appellants.
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... ... and such attempted appeal is subject to dismissal on motion, ... or by the court sua sponte. Hodges v. Moore, 46 Fla ... 598, 35 So. 13; Griffith v. Henderson, 52 Fla. 507, ... 42 So. 705; Buck v. All Parties, etc., 86 Fla. 86, ... 97 So. 313; ... ...
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