Moorhead v. Moorhead

CourtUnited States State Supreme Court of Florida
Writing for the CourtAuthor: Barns
Citation31 So.2d 867,159 Fla. 470
PartiesMOORHEAD v. MOORHEAD.
Decision Date16 September 1947

31 So.2d 867

159 Fla. 470

MOORHEAD
v.
MOORHEAD.

Florida Supreme Court

September 16, 1947


[159 Fla. 471] Waybright & Waybright, of Jacksonville, for appellant.

Milam, McIlvaine, Carroll & Wattles, of Jacksonville, for appellee.

BARNS, Justice.

This is a cause wherein there is a petition for a writ of certiorari to review an order of the chancellor denying a motion to dismiss and appointing a special master to inquire as to the ability of the husband to pay alimony.

The petition fails to give one single citation to the record and particularly fails to state where in the said record the order of which he complains may be found; and the record likewise is deficient in not having an index.

The record in this case is comparatively small and very neatly prepared except for the want of an index, but yet consisting of fifteen items when only six of them are material to the petition for certiorari towit: (1) The original bill, (2) answer or plea, (3) motion to dismiss, (4) amendment of the bill, (5) motion for order of reference, (6) order on motion to dismiss and of reference to a master. [31 So.2d 868.]

The record should have omitted the following: (1) Notice of application for an order of reference, (2) affidavit of proof of service, (3) motion to dismiss, (4) first answer or plea filed, (5) summons, (6) sheriff's return, (7) notice of hearing seeking leave to amend bill, and (8) order granting leave to amend bill. At most, they should have only been recited.

We feel it appropriate to warn the attorneys and the court reporters and others who prepare records on appeal that it is imperative that records presented to this Court shall be governed by the rule to-wit:

'* * * All pleadings, evidence and other matters not essential to the decision of said question shall be omitted. Formal parts of all exhibits and more than one copy of any document, shall be excluded. Documents shall be abridged by omitting all irrelevant and formal parts.

'(b) Penalty. Failure on the part of counsel or others to abbreviate the record on appeal as thus required will subject [159 Fla. 472] them to the payment of such costs as this Court may deem proper to impose.' Rules Supreme Court of Florida, Rule 11(2)(a), (b).

The rule is applicable to court reporters and clerks as well as attorneys and the purpose for which a record is made should govern the attorneys and the court reporter and others preparing the record. It is a simple matter for the...

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4 practice notes
  • Thoman v. Ashley, No. 4548
    • United States
    • Court of Appeal of Florida (US)
    • December 18, 1964
    ...and adverse decision is insufficient to raise the issue of res judicata. Moorhead v. Moorhead, Fla.App.,1947, 159 Fla.App., 470, 31 So.2d 867. The appropriate way to conclude a case nonsuited is to procure a final judgment. Peaslee v. Michalski, Fla.App.,App.1964, 167 So.2d The plea of res ......
  • Golden v. Woodward, No. 1D08-3324.
    • United States
    • Court of Appeal of Florida (US)
    • June 24, 2009
    ...property reasonably should have put Appellants on notice that a "vendor's lien" was being requested. See Moorhead v. Moorhead, 159 Fla. 470, 31 So.2d 867, 868 (1947) (stating that "the character of a pleading is to be determined by its contents"); Peacock, 399 So.2d at 8......
  • Circle Finance Co. v. Peacock, No. TT-336
    • United States
    • Court of Appeal of Florida (US)
    • May 28, 1981
    ...of an equitable pleading is determined, not by its title, but by its contents, and by the actual issues in dispute. Moorhead v. Moorhead, 159 Fla. 470, 31 So.2d 867 (1947); Boyer v. Dye, 51 So.2d 727 (Fla.1951). Moreover, in equitable actions, it is recognized that the courts have the fulle......
  • 205 Jacksonville, LLC v. A-Affordable Air, No. 3D09-374.
    • United States
    • Court of Appeal of Florida (US)
    • August 26, 2009
    ...664 (Fla. 1st DCA 2009) ("[T]he character of a pleading is to be determined by its contents") (quoting Moorhead v. Moorhead, 159 Fla. 470, 31 So.2d 867, 868 (1947)). While the caption to Jacksonville's pre-judgment motion does state that it is a motion to set aside default "a......
4 cases
  • Thoman v. Ashley, No. 4548
    • United States
    • Court of Appeal of Florida (US)
    • December 18, 1964
    ...and adverse decision is insufficient to raise the issue of res judicata. Moorhead v. Moorhead, Fla.App.,1947, 159 Fla.App., 470, 31 So.2d 867. The appropriate way to conclude a case nonsuited is to procure a final judgment. Peaslee v. Michalski, Fla.App.,App.1964, 167 So.2d The plea of res ......
  • Golden v. Woodward, No. 1D08-3324.
    • United States
    • Court of Appeal of Florida (US)
    • June 24, 2009
    ...property reasonably should have put Appellants on notice that a "vendor's lien" was being requested. See Moorhead v. Moorhead, 159 Fla. 470, 31 So.2d 867, 868 (1947) (stating that "the character of a pleading is to be determined by its contents"); Peacock, 399 So.2d at 8......
  • Circle Finance Co. v. Peacock, No. TT-336
    • United States
    • Court of Appeal of Florida (US)
    • May 28, 1981
    ...of an equitable pleading is determined, not by its title, but by its contents, and by the actual issues in dispute. Moorhead v. Moorhead, 159 Fla. 470, 31 So.2d 867 (1947); Boyer v. Dye, 51 So.2d 727 (Fla.1951). Moreover, in equitable actions, it is recognized that the courts have the fulle......
  • 205 Jacksonville, LLC v. A-Affordable Air, No. 3D09-374.
    • United States
    • Court of Appeal of Florida (US)
    • August 26, 2009
    ...664 (Fla. 1st DCA 2009) ("[T]he character of a pleading is to be determined by its contents") (quoting Moorhead v. Moorhead, 159 Fla. 470, 31 So.2d 867, 868 (1947)). While the caption to Jacksonville's pre-judgment motion does state that it is a motion to set aside default "a......

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