Ellsworth v. Haile

Citations

• 29 Fla. 256

Syllabus

<p>1. Where thirty days do not intervene between the entry of an appeal and the next succeeding term of the Supreme Court, only twenty days’ notice of the appeal is necessary; and to enable* the appellant to give the appellee this notice, the appeal may be-made returnable to a day in term subsequent to the first day of the term. The practice does not, however, contemplate that-the appellant may enter his appeal and use his own convenience as to the time of issuing and serving citation, nor that, an appeal shall be brought to a term prior to which there has: been no issue of citation.</p> <p>2. Delinquency on the part of the clerk in preparing an appeal transcript is not an excuse for the failure of an appellant, or his counsel, to observe ordinary diligence in obtaining an appeal citation and having it served.</p> <p>3. An appeal was entered on the second day of a month, and the next term of the appellate court began on the twelfth day of the month, and on the fifth day of the next succeeding month appellant filed the appeal transcript in the appellate court and moved for a citation returnable to the same term: Held, that the appeal was abandoned.</p>