Griffith v. Henderson

Citations

• 52 Fla. 507

Syllabus

<p>1. If an appeal is taken within thirty days from the first day of the next succeeding term of the Supreme Court, it must, by the terms of the statute, be made returnable to a day in such term more than thirty days and not more than fifty days from the date of such appeal. If in such case the appeal be made returnable to the first day of the term it is entered in direct violation of the statute and confers no jurisdiction upon the Supreme Court.</p> <p>2. An appeal entered on May 17, 1906, and made returnable “to the Supreme Court of Florida, at its term beginning on the second Tuesday of June, A. D. 1906,” was by the language used made returnable to the first day of the June term, 1906, which by law began on the second Tuesday of June, 1906.</p> <p>3. Where an appeal is taken on May 17, 1908, and made return able to the'first day of the June term, 1906, which day was the 12th day of June, and less than thirty days from the entry of the appeal, such appeal is taken in direct violation of the statute and is void, and confers no jurisdiction on the Supreme Court of the subject-matter of the appeal.</p> <p>4. 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 sua sponte.</p>