Nichols & Johnson v. Frank

Citations

• 59 Fla. 588

Syllabus

<p>1. In equity appeals the appellants ask for a reversal of the decree appealed from, and they should have all interested parties before the court.</p> <p>2. Where the appellate court is asked to determine the correctness of a decree on the main equities of the cause e. g. the subjection of the land to the debts of creditors, all who are interested in and benefited by such decree are entitled to be heard, and should be before the court by proper proceedings if they were parties to the cause in the court below.</p> <p>3. Where all the appellees directly and substantially interested in the main feature of a decree, on which the rights of all the appellees depend, are not before the court so that complete justice may be done in orderly procedure, the court will decline to consider the merits of the cause and dismiss the appeal.</p> <p>4. Where all the appellees were before the court, but the cause was dismissed as to one of the appellees, the main equities of the cause, on which the rights of all the appellees depend, will not be considered by the court and the cause will be dismissed.</p>