Pearce v. Thackeray

Citations

• 13 Fla. 574

Syllabus

<p>1. The Circuit Court, independent of express legislation, has the power to re-establish a judgment roll or entry when the original record is lost or destroyed.</p> <p>2. The proper way to proceed is to show by affidavit what the lost record contained, and by motion after personal notice of the intention to move the Court. The notice must be sufficiently explicit to advise the opposite party of what is intended, as well as to enable him to controvert the affidavits.</p> <p>3. After an appearance and argument of the motion upon the merits, any irregularity in the service of the notice is cured.</p>