Public-domain · open source
OpenJurist

54 Fla. 669

Whitted v. Abbe

Supreme Court of Florida

Decided June 15, 1907

Supreme Court of Florida · decided 1907-06-15

This case was decided by the court En Banc. Appeal from the Circuit Court for Manatee County. The facts in the case are stated in the opinion of the court.

Cited by 5 later decisions — most recently December 1938

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1907-06-15

View the full empirical analysis of this case →

Per Curiam.

¶1— .This cause came on for hearing' upon an application to amend the entry of appeal in said cause here by adding new parties appellant, and for summons to such new parties. Under the provisions of Section 1911 of the.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, therefore the application for summons here must be denied; and as the only way to make parties appellant or appellee is to. include them in the entry of appeal as so recorded, the other feature of such application must be denied and it is so ordered, but with leave to the appellant to have the present appeal dismissed here by praecipe to be filed with the clerk here, and with leave to enter a new appeal with proper parties appellant and appellee, and with leave to make application to the court here, upon due notice to the adverse party, for leave to use the record now on file here upon such second appeal and to'amend such record by incorporating therein such new entry of appeal properly certified.

¶2All concur.

/54/fla/669 · .json · Public domain