Gasque v. Ball

Citations

• 71 Fla. 257
• 71 So. 329

Syllabus

<p>1. The mere filing and presentation of a petition for a rehearing in a cause in chancery does not operate to lengthen the time within which an appeal may be taken from the final decree, beyond that prescribed by Section 1904 of the General Statutes of Florida.</p> <p>2. Under Rule 87 Equity Actions a final decree in chancery may be recorded immediately upon its being signed by the Chancellor and the formality of entry is completed when it is recorded in the minutes of the court. No formal enrollment of it is required.</p> <p>3. An appeal from an order denying a petition for a rehearing where no appeal was taken from the final decree within the •time prescribed by the statute for taking appeals in chancery does not bring before the court for review the final decree, and where the order denying the petition for a rehearing cannot be considered without reviewing the final decree in such a case the order will be affirmed.</p> <p>Cockrell, J., dissents.</p>