Garner v. Garner

Citations

• 83 Fla. 143
• 90 So. 819

Syllabus

<p>1. The provisions of Chapter 7841, Acts of 1919, do not supersede the appellate procedure provided for in Sections Í710, 1711, 1712 and 1911, General Statutes of 1906, and Chapter 7355, Acts of 1917.</p> <p>2. Where the entry of appeal filed in the Circuit Court is sufficient to give the Supreme Court jurisdiction of the subject matter of the cause, but the failure of the clerk to record the entry of appeal in the chancery order book as is required by the statute as a substitute for a. citation, the Supreme Court does not have jurisdiction of the pers'on of the appellee unless there is a general appearance or waiver.</p> <p>3. A motion to dismiss an appeal on the ground that it does not appear by the record here that the entry of appeal was duly recorded will be denied where the motion to dismiss contains a ground that is' not confined to the question of jurisdiction of the appellee, but extends to the cause of action and amounts to a general appearance in the cause ' in this court, even though the motion states that the movants appear specially for the purpose of the motion, and for no other purpose.</p> <p>4'. Where a party appears specially for the purpose of presenting the question of jurisdiction of the court over his person, he must restrict his motion to the ground of such jurisdiction and must not include therein some other ground that recognizes the jurisdiction of the court over his person and amounts to an appearance in the cause by him, and if he does so, the motion will be held to be a general appearance, notwithstanding the fact that it purports to be made in pursuance o’f a special appearance.</p> <p>5. Where an appellee appears generally in the Supreme .Court and moves to dismiss the appeal upon grounds other than those relating solely to the jurisdiction over his person, he cannot be permitted to question the • sufficiency of the recorded entry of appeal to give the appellate court jurisdiction over his person.</p>