Robinson v. Croker
| Decision Date | 11 December 1934 |
| Citation | 117 Fla. 582,158 So. 123 |
| Parties | ROBINSON v. CROKER et al. |
| Court | Florida Supreme Court |
En Banc.
Suit by R. E. Robinson against Bula E. Croker, a widow, and others. From an interlocutory order granting defendants' motion to vacate lis pendens notice, complainant appeals.
Reversed and remanded. Appeal from Circuit Court, Palm Beach County C. E. Chillingworth, judge.
Wideman Wideman & Wardlaw, J. Field Wardlaw, and Manley P. Caldwell all of West Palm Beach, for appellant.
Fancher, Paty & Warwick, of West Palm Beach, for appellee Croker.
Pending the hearing and determination of an interlocutory appeal in chancery, the parties entered into a compromise agreement to be filed in the suit, by which it was provided that if the defendant Bula E. Croker should pay to the complainant R. E. Robinson a specified sum of money, the same would be accepted in full settlement of the case; but if not paid according to the agreement, then that said compromise agreement should be made the decree of the court in the cause respecting the rights put in controversy. On the basis of such agreement, appellee Bula E. Croker has made this motion to dismiss the appeal herein for the reason that the matters and things in controversy in the pending cause have been compromised and settled. Appellant has objected to the granting of the motion to dismiss, and the matter is now before this court for a ruling on the motion.
Florida Statutes (Comp. Gen. Laws 1927, § 4961) permit the taking of appeals from interlocutory decrees in chancery as well as from final decrees. And all appeals so taken are regarded as steps in the cause. Rabinowitz v. Houk, 100 Fla. 44, 129 So. 501; Palm Beach Estates and J. B. McDonald v. Croker, 106 Fla. 617, 143 So. 792.
Under Supreme Court Rule 22 it is the duty of both parties in an appeal to immediately notify the Supreme Court then the cause on appeal has been settled by compromise or otherwise. National Surety Co. v. Willys-Overland Co., 103 Fla. 738, 138 So. 24.
A suit that has been settled by compromise or otherwise pending on appeal renders the appeal moot and the ordinary course of procedure in such cases, where the decree appealed from is a final decree, contemplates a reversal of the decree appealed from with directions for dismissal of the proceedings below without costs to either party. Brownlow v. Schwartz, 261 U.S. 216, 43 S.Ct. 263, 67 L.Ed. 620; United States v. Hamburg-Amerikanische Gesellschaft, 239 U.S. 466, 36 S.Ct. 212, 60 L.Ed. 387; Commercial Cable Co. v. Burleson, 250 U.S. 360, 39 S.Ct. 512, 63 L.Ed. 1030; First Union Trust & Savings Bank v. Consumers Co., 290 U.S. 585, 54 S.Ct. 61, 78 L.Ed. 517.
The present appeal, however, is not from a final decree, but is from an interlocutory order of the circuit court granting a motion by the defendant below to vacate a lis pendens notice under section 4550, Comp. Gen. Laws (1927), chapter 12081 Acts 1927. The scope of review vested in an appellate court by virtue of an appeal from a particular interlocutory order is confined to the matters involved in such order and can extend to no other consideration in the case than matters to which the order relates. Crichlow v. Equitable Life Assur. Soc. of U. S., 113 Fla. 668, 152...
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Hollywood, Inc. v. Clark
... ... such order was made and the scope of review is confined to ... matters involved in such order. Robinson v. Croker, ... 117 Fla. 582, 158 So. 123. The record subsequent to the entry ... of such order cannot be considered on such an appeal ... ...
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Central and Southern Fla. Flood Control Dist. v. Dupuis, 58-675
...before us upon this interlocutory appeal. The scope of interlocutory appeal is limited to a review of the order appealed. Robinson v. Croker, 117 Fla. 582, 158 So. 123; Hollywood, Inc. v. Clark, 153 Fla. 501, 15 So.2d 175, We would be unable to determine the broad question presented upon th......
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Crown Corp. v. Robinson
... ... reinstate the lis pendens as of the date of its dismissal so ... that said mortgagee is charged with notice thereof?' ... 4 ... 'Is the stipulation, filed in this cause and entered into ... by the complainant R. E. Robinson and the defendant Bula E ... Croker, binding on the defendant Crown Corporation insofar ... that said stipulation would create a lien on charge on the ... lands involved in this suit if prior thereto no such lien had ... been acquired by the Complainant, and the Defendant Crown ... Corporation acquired its rights subsequent to ... ...