National Bank of Lancaster v. Newheart

• Court: Florida Supreme Court
• Writing for the Court: PER CURIAM.
• Citation: National Bank of Lancaster v. Newheart, 41 Fla. 470, 27 So. 297 (Fla. 1899)
• Decision Date: 14 November 1899
• Parties: NATIONAL BANK OF LANCASTER et al. v. NEWHEART et al.

27 So. 297

41 Fla. 470

NATIONAL BANK OF LANCASTER et al. v. NEWHEART et al.

Florida Supreme Court

November 14, 1899

Appeal from circuit court, Orange county; John D. Broome, Judge.

Action by A. P. Newheart and others against the National Bank of Lancaster and others. Judgment for plaintiffs. Defendants appeal. On rehearing, no original opinion having been filed. Dismissed.

Syllabus by the Court

SYLLABUS

All parties jointly affected by a joint decree appealed from are necessary parties to such appeal, and should be individually named therein. They cannot be included in such appeal by the use of the abbreviation 'et al.' Parties appellant omitted from an appeal cannot be made parties thereto after the expiration of the time prescribed by law for taking appeals.

COUNSEL Beggs & Palmer, for appellants.

Jones &amp Jones, for appellees.

OPINION

PER CURIAM.

This cause coming on for adjudication upon a rehearing thereof heretofore granted, and it appearing to the court that the decree appealed from is a joint decree against the only appellant before the court and several others who are not made parties to the appeal except by the use of the abbreviation 'et al.,' which is ineffectual, and that said several omitted parties are necessary parties appellant and cannot now be brought in as parties appellant because the time has expired in which they can take an appeal, it is therefore ordered that the appeal in said cause be, and the same is hereby, dismissed. State v. Canfield, 40 Fla. 36, 23 So. 591, 42 L. R. A....