Mckell v. Jackson
| Decision Date | 09 January 1933 |
| Parties | McKELL v. JACKSON et al. |
| Court | Florida Supreme Court |
Suit between James McKell and John S. Jackson and another. From an order granting a rehearing after a final decree, the former appeals. On motion to dismiss the appeal.
Motion denied.
See, also, 144 So. 670.
Appeal from Circuit Court, Pasco County; O. L. Dayton, Judge.
L. D. McGregor, of Tampa, for appellant.
J. C. Davant, of Clearwater, and J. Franklin Spears, of San Antonio, Tex., for appellees.
This is an appeal from an order in chancery granting a rehearing after final decree. Appellee has moved to dismiss the appeal on the ground that an order granting a rehearing is not such an interlocutory order as is appealable under the statute. Section 4961, C. G. L., section 3169, R. G. S.
Section 4958, C. G. L., section 3166, R. G. S., provides that, after a rehearing shall have been granted, no further or other proceedings shall be had or taken on the decree pronounced on the original hearing of the cause. Under this statute the effect of an order granting a rehearing is different from that of an order denying a rehearing. Therefore the party whose final decree has been, in effect, abrogated by an order granting a rehearing is in a different situation from one whose petition for rehearing has been denied, as was the case dealt with in Gasque v. Ball, 71 Fla. 257, 71 So. 329.
Our conclusion is that on order granting a rehearing after final decree in an equity cause is appealable under section 4961, C. G. L., section 3169, R. G. S., whether the final decree is appealed from.
Motion to dismiss appeal denied.
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... ... 1105, 131 So. 654; Heverle v ... Rasmussen, 103 Fla. 76, 139 So. 259; Dade County v ... Snyder, 134 Fla. 756, 184 So. 489; McKell v ... Jackson, 107 Fla. 668, 145 So. 418; 3 C.J. 518; 4 ... C.J.S., Appeal and Error, § 130, p. 259, §§ 93-95, pp ... 184-190; 2 Am.Jur ... ...
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Thomas v. Cilbe, Inc.
...Fla. 1105, 131 So. 654; Heverle v. Rasmussen, 103 Fla. 76, 139 So. 259; Dade County v. Snyder, 134 Fla. 756, 184 So. 489; McKell v. Jackson, 107 Fla. 668, 145 So. 418; 3 C.J. 518; 4 C.J.S. Appeal and Error § 130, p. 259; Id., §§ 93-95, pp. 184-190; 2 Am.Jur. And further in this same case, q......
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Mckell v. Jackson
...an order setting aside and vacating a final decree and granting a rehearing, the party first named appeals. Affirmed. See, also, 107 Fla. 668, 145 So. 418. Appeal Circuit Court, Pasco County; O. L. Dayton, Judge. COUNSEL L. D. McGregor, of Tampa, for appellant. J. C. Davant, of Clearwater, ......
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Jones v. Wilson, 3118
...decree sought to be reviewed was not appealable. In a petition for rehearing the appellants submit that the holding in McKell v. Jackson, 1933, 107 Fla. 668, 145 So. 418, authorizes the During the interim since McKell v. Jackson considerable changes have been wrought by statutory revision a......