South Florida Lumber & Supply Co. v. Read

Citations

• 65 Fla. 61
• 61 So. 125

Syllabus

<p>1. Where a motion is made and granted, based upon Section 1625 of the General Statutes of 1906, for the stay of an execution and the suspension of proceedings thereon, even though such execution may have issued in an equity suit, the proper procedure to obtain a review of such ruling by an appellate court is by writ of error, and not by an appeal.</p> <p>2. An appellate court will take judicial notice of its own opinions and also of its own records, so far as they appertain to the case before it for consideration, but will not take judicial notice in deciding one case of ivhat may be contained in the record of another and distinct ca'se, unless it be brought to the attention of the court by being made a part of the record in .the case under consideration.</p> <p>3. Upon an appeal in an equity case, where the entire decree is reversed by an appellate court, upon the going down of the mandate, the case stands as if there had been no decree, but this is true only where the entire decree is reversed.</p> <p>4. Upon an appeal from a final decree in an equity case by L., upon whose described property the complainant is decreed to have a lien, the reversal of such decree can have no effect upon L’s co-defendants, who did not enter any appeal from such decree and who were not parties before the appellate court. A personal judgment rendered and entered in such decree against such co-defendants who entered no appeal therefrom remains unaffected by such reversal, and stands undisturbed and in full force, and an execution may properly issue thereon.</p>