DeBogory v. Hafleigh

Citations

• 81 Fla. 631

Syllabus

<p>1. The return day in appeals in chancery is governed by the statutes regulating writs oí error.</p> <p>2. The statute provides that the return day of a writ of error shall be “more than thirty days and not more than ninety days from the date of the writ,” or in chancery cases from the entry of the appeal.</p> <p>3. Where an appeal to the Supreme Court made returnable in violation of the statute so as to be void and to confer no jurisdiction of the subject-matter upon the Supreme Court, the appearance of the appellee cannot of itself give the court jurisdiction of the subject-matter of the appeal, and such an appeal so taken should be dismissed by the court swa sponte.</p> <p>4. An appeal in a chancery cause entered on December 14, 1920, and made returnable January 10, 1921, violates the statute and will be dismissed sua sponte.</p>