FISHER W. HANNUM, ET UX.,
v.
INTERNATIONAL AGRICULTURAL CORP.
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The Florida Supreme Court dismissed an appeal because the trustee in bankruptcy, who was a necessary party, had not been joined in the appeal.
Yes, the trustee in bankruptcy was a necessary party. The appeal should be dismissed because the trustee was not made a party to the appeal.
“At that time Homer W.'Wright, trustee in bankruptcy, was a necessary party to further proceedings involving the property of the bankrupt.”
Establishes the legal necessity of the trustee's involvement.
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Join FLexlaw to unlock all legal intelligenceOne of the appellants, Fisher W. Hannum, was adjudicated a bankrupt, and Homer W. Wright qualified as the trustee of his estate. The appeal was entere…
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In this case appellees have presented proof to this Court showing that Fisher W. Hannum, one of the appellants, was adjudicated a bankrupt on March 23, 1933; that Homer W. Wright qualified as trustee of the estate of the bankrupt on April 12, 1933.
Appeal was entered on April 19, 1933. At that time Homer W.'Wright, trustee in bankruptcy, was a necessary party to further proceedings involving the property of the bankrupt. He was not made a party prior to appeal in the lower court and has not been made a party to this appeal. Having acquired title to all the property and assets of the bankrupt, the trustee is a necessary and indispensable party to this appeal and, therefore, the appeal should be dismissed. It is so ordered.
Dismissed.
Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.