D. R. Dunlap Mercantile Co. v. St. John & Quiglex

Citations

• 36 Fla. 303

Syllabus

<p>APPELLATE PEACTICE — APPEAL DISMISSED WHEEE NO CITATION SEEVED.</p> <p>Where the appellees, upon appeal to this court, have been served with no citation other than a paper that is not styled as process. “The State of Florida,” and that is not tested in the name of the Chief-Justice of this court, but tested simply in the name of the Clerk of the Circuit Court who issued same, and that does not purport to be a writ of and from this court, and that does not notify the appellees named therein in express terms that an appeal has been taken, such paper will be held to be no citation at all; and where there has been no waiver of citation, by appearance or otherwise, the appeal will be dismissed.</p>