Anderson v. Long

Citations

• 48 Fla. 212

Syllabus

<p>1. A clerk of the Circuit Court in making up a transcript of the record for the Supreme Court has no discretion to omit anything which is directed by either party to be inserted, if it is a paper or proceeding in the cause having relation or leading up to the order or decree appealed from, even though, in his judgment, such paper or proceeding is not necessary for a clear and full presentation of any point or question raised by the assignments of error.</p> <p>2. A certificate of a clerk of a Circuit Court to a transcript of record for the Supreme Court, which shows on its face that certain papers, matters and proceedings in the cause directed by the parties to be included in the transcript are omitted, because, in his judgment, the same are not necessary for a clear and full presentation of any point or question raised by the assignment of errors relied upon in the appellate court, is fatally defective, and the Supreme Court will not review the decree appealed from upon a transcript of record so certified.</p> <p>3. A party appellant gave directions to the clerk for making up the transcript of the record, and served the appellee with a copy thereof, but the appellee gave no additional directions. The clerk omitted from the transcript certain papers and proceedings which appellant had directed to be inserted, certifying that he omitted them because they were not necessary to a clear and full presentation of any point or question raised by the assignment of errors relied upon in the appellate court. At the final hearing appellee contended that some of the omitted papers and proceedings were material to the questions presented by the assignments of error, and the court being unable to say affirmatively that such omitted papers and proceedings might not have a material bearing upon some of the assignments of error. Held, that the appeal should be dismissed.</p>