Player v. Bokenfohr

Citations

• 40 Fla. 415

Syllabus

<p>Appellate practice — Writ of Error necessary to give appellate court jurisdiction and cannot be waived- Where there is no. Writ of Error case will be stricken from dockets.</p> <p>1. Under the provision of Section 1262, Revised Statutes, an appellate court cannot recognize any case at lato brouht to it for review, wherein Writ of Error lies, unless it is carried to it by a Writ of Error properly issued and lodged with the clerk of the lower court whose judgment is to be reviewed- The issuance and proper lodgment of such writ is jurisdictiona,l and necessary to give to the'appellate court authority to hear and determine any case within the purview of such a writ.</p> <p>2. Where a transcript of record in a case at law, or that purporting to be such, is filed in an appellate court with assignment of error alleged to have been committed by a trial court, the appellate court can make no other order in such cause than one striking it from its docket, when no Writ of Error has ever issued to bring up such cause for review, and this even where the opposing parties have submitted such cause on briefs without taking any notice of the non-issuance of the Writ of Error.</p>