Chamberlain v. Finley

Citations

• 40 Fla. 91

Syllabus

<p>Appellate Practice — Record of Entry of Appeal Indispensable to Give Jurisdiction to Supreme Court Over Parties' — Chapter 4528, Laws of 1897, Construed — Transcript to Contain Certified Copy of Record or Entry of Appeal.</p> <p>L Chapter 4528 laws, approved May 7th, 1897, entitled: “An act abrogating citations on appeals in chancery causes from the Circuit to the Supreme Court, and making the record of entry of such appeals notice in such causes,” abrogates the former practice of giving oral notice of appeals when taken in qpen court, and of the issuance and service on the appellee of a citation in appeals taken in vacation, and makes the record of the entry of appeal in the chancery order hook of the Circuit Cowt the notice, and the only notice, to the appellee of the taking and pendency of the appeal in the Supreme Court, and of the transfer of the cause to this court for re-examination. Such recording of the entry of appeal is jurisdictional, and is absolutely indespensable in all chancery appeals, to give to the appellate court jurisdiction over the parties- The statute does not permit recognition of any substitute for such prescribed record, nor will it permit such record to be dispensed with- The statute, however, does not preclude waivers of notice and voluntary appearances in the appellate court.</p> <p>2. In order that the appellate court may be informed by the transcript of the record on appeal of the fact that it has jurisdiction over the parties to the appeal, the transcript of the record in every chancery appeal should contain a certified copy of the recorded entry of appeal taken from the chancery order book, with a certificate of the Clerk of the Circuit Court showing that it is a copy transcribed from the record made of the entry of appeal in the chancery order book, and giving the date of its record and the page of the book where recorded.</p>