Ates v. Langley

Decided January 15, 1911

Supreme Court of Florida · decided 1911-01-15

This case was decided by Division A. Appeal from the Circuit Court for Santa Rosa County. The facts in the case are stated in the opinion of the court.

Good law ✅— No negative treatment on recordhow we know

Decided 1911-01-15

How this case has been cited

Cited by 6 later decisions — most recently March 1937

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.-

¶1The entry of appeal in this cause was filed and recorded on July 7th, 1910, and made returnable October 6th, 1910.

¶2Chapter 5638, Acts of 1907, requires that a writ of error “shall be returnable to a day either in term time or vacation more than thirty days and not more than ninety days from the date of the writ.” Under section 1912, of the General Statutes of 1906, an appeal in a chancery cause is governed as to the return day by the provisions as to writs of error. Parker v. Evening News Publishing Co., 54 Fla., 482, 44 South. Rep., 718.

¶3As October 6th is “more than ninety days from the date of the” appeal, the entry of appeal is not made in accordance with the statue and the appeal is .dismissed.

*505Whitfield, C. J., and Shackleford and Cockrell, J. J., concur;Taylor, Hooker and Parki-iill, J. J., concur in the opinion.