Longo v. Alweiss

Supreme Court of Florida

Decided June 2, 1953

Supreme Court of Florida · decided 1953-06-02

Cited by 5 later decisions — most recently June 1956

5 state decisions

Key passage — most relied on by later courts

“The above named defendant, hereby gives notice that the above styled cause will be appealed to the Supreme Court of Florida as of this day.”

quoted by 1 later decision, including 80 So. 2d 354 - Seaboard Air Line Railroad Company v. Holt

Relies on Barrett v. Miller · Bell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1953-06-02

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DREW, Justice.

¶1The notice of appeal in this cause is in the following language:

■ “Louis A. Sabatino^ solicitor for Antonio Diaz Longo, the above named defendant, hereby gives notice that the above, styled cause will be appealed to the Supreme Court of Florida as of this day.

“Dated at Miami, Dade County, Florida, this 9th day of March, 19-53.”

¶2The Rules of this-Court, 30 F.S.A. Rules of Supreme Court, forms following rule 39, prescribe the form of a notice of appeal. The above, notice does mot substantially comply with the Rule, therefore the appel-lee’s motion to dismiss the appeal is granted. See Bell v. State, 154 Fla. 505, 18 So. 2d 361; Brown v. Louisville Fire & Marine Ins. Co., Inc., Fla., 47 So.2d 862.

■ROBERTS, C. J., and THOMAS and HOBSON, JJ., concur.