Lukens Gulf Cypress Co. v. Cochran

Citations

• 65 Fla. 305
• 61 So. 630

Syllabus

<p>1. Two defendants in a suit in equity against whom a decree pro confesso has been entered may enter their joint appeal from an interlocutory order refusing to open up and vacate such decree pro confesso without joining the other defendants in the appeal, as such other defendants are not necessary parties to the appeal.</p> <p>2. The Clerk of the Circuit Court has no authority, to enter a decree pro confesso against defendants who have a plea on file to the bill which has not been disposed of, even though such plea might not have been proper to be filed under the order of the court. That is a judicial matter to be determined by the Circuit Judge.</p> <p>3. Where a plea is filed to a bill in equity which suggests the death of the sole complainant, it would be erroneous for the Circuit Judge to enter a decree pro confesso against the defendants filing such plea, since the question of whether the proper complainant is before the court should be determined before any further proceedings are had in the cause.</p> <p>4. A suit in equity abates upon the death of the sole complainant, and all proceedings must be suspended until his legal representatives have been brought in.</p>