Whitted v. Abbe

Citations

• 54 Fla. 669

Syllabus

<p>Appellate Practice — Sole Method of Obtaining Notice of Appeal is by record of the Entry of Appeal in Chancery Order Book — Parties to Appeal Must be Included in the Recorded Entry of'Appeal.'</p> <p>1. Under the provisions of section 1911, general statutes of 1906, the only method of procuring notice of an appeal to the parties thereto- is by the recording of the entry of appeal in the chancery order book in the office of the clerk of the circuit court. The appellate court, under such statute, has no authority to procure such notice through a summons or other •writ issued by it.</p> <p>2. The only effective method, under the provisions of section 1911, general statutes of 1906, of making parties to an appeal, either appellant or appellee, is to include them as parties in the entry of appeal to be recorded in the chancery order book.</p>