FIRST NATIONAL BANK OF PENSACOLA, PLAINTIFF IN ERROR,
v.
OXFORD LAKE LINE, DEFENDANT IN ERROR
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The Florida Supreme Court dismissed a writ of error because the transcript of the record was not properly certified. The court emphasized the necessity of a correctly certified record for appellate review.
No, a properly certified transcript was not filed because the clerk's certificate was insufficient.
“it appearing to the court that the clerk’s certificate to the transcript certifies only that it contains a correct recital of the papers and proceedings in said cause without stating that it contains correct copies of such papers and proceedings, and that, therefore, no properly certified transcript of the record in said cause has ever been filed here”
This quote explains the specific deficiency in the transcript that led to the dismissal.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error filed a writ of error, but the clerk's certificate to the transcript of the record only stated that it contained a correct reci…
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Per Curiam.
The writ of error in this cause having been made returnable to the June term, 1900, of this court, and the cause having been reached in 'its regular order on the docket for final disposition and having been taken up for consideration by Division A of the court, and it ap pearing to the court that the clerk’s certificate to the transcript certifies only that it contains a correct recital of the papers and proceedings in said cause without stating that it contains correct copies of such papers and proceedings, and that, therefore, no properly certified transcript of the record in said cause has ever been filed here, it is, therefore, hereby considered, ordered and adjudged that the writ of error in said cause be, and the same is hereby, dismissed, at the cost of the plaintiff in error. Burham v. Driggers, 44 Fla. 168., 32 South. Rep. 796.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Akin v. Morgan, 50 Fla. 173 (Fla. 1905)…dings in said cause,” without stating that it contains correct copies of such papers and proceedings. The writ of error was, therefore, dismissed. Akin v. Morgan, 50 Fla. ..., 39 South. Rep. 534; First National Bank of Pensacola v. Oxford Lake Line, 45 Fla. 275, 34 South. Rep. 893; [*175] Burnham v. Driggers, 44 Fla. 168, 32 South. Rep. 796; The Orange County High School v. Sanford, 17 Fla. 120. See, also, Caulk, Admr. v. Fox, 13 Fla. 147; Zinn, Aldrich & Co. v. Dzialynski, 14 Fla. 43; Rabon v. State, 7 Fl…
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Dees v. Cora S. Cassels, 54 Fla. 485 (Fla. 1907)…f the record in said cause has ever been filed here. It is therefore ordered that the appeal be dismissed, at the cost of the appellants. See Burnham v. Driggers, 44 Fla. 168, 32 South. Rep. 796; First National Bank of Pensacola v. Oxford Lake Line, 45 Fla. 275, 34 South. Rep. 893; Akin v. Morgan, 50 Fla. 172, 39 South. Rep. 534. Appeal dismissed. Shackleford, C. J., and Cockrell, and Whitfield, JJ., concur; Taylor and Hocker, JJ., concur.…
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The Globe & Rutgers Fire Ins. Co. v. Lewallen, 56 Fla. 306 (Fla. 1908)…transcript of the record of the court below, and the said cause must, therefore be, and is hereby, dismissed at the cost of the plaintiff in error. Atkins v. Morgan, 50 Fla. 173, 39 South. Rep. 534; First Nat. Bank of Pensacola v. Oxford Lake Line, 45 Fla. 275, 34 South. Rep. 893; Burnham v. Driggers, 44 Fla. 168, 32 South. Rep. 796; Porter v. Ewing, 51 Fla. 265, 39 South. Rep. 993.…
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- Burnham v. Driggers, 44 Fla. 168 (Fla. 1902)