Whitfield v. Leonard

Citations

• 38 Fla. 1

Syllabus

<p>The Revised Statutes of Florida, sections 1461, 1273, under which the appeal in this case was taken in vacation, provide that upon an appeal taken in vacation, the clerk shall issue a citation to the appellee which shall be returnable with the appeal, and shall be served twenty-five days before the return day. The service in this case was only twenty-three days before the return day of the citation. The appellee has not entered an appearance in this court, or in any way waived the due and regular service of citation in the case: Held, That the service of the citation is not sufficient to give this court jurisdiction to hear and determine the appeal.</p>