ROBERT SCOTT
v.
NEELE C. WELLACOTT, AND HER HUSBAND, HARRY E. WELLACOTT
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The Florida Supreme Court dismissed an appeal because it was not filed within the time limits prescribed by a new statute, Chapter 20441, Acts of 1941. The statute required appeals from judgments entered before October 1, 1941, to be filed within sixty days after that date, in addition to the existing six-month limit.
No, the appeal does not comply with the time limitations. The appeal was not taken within sixty days after October 1, 1941, as required by Chapter 20441 for decrees entered before that date.
“Under Chapter 20441, Acts of 1941, where a writ of error or an appeal is taken from a judgment, decree or order which was entered before noon of October 1, 1941, such writ of error or appeal must be duly taken within sixty days after noon October 1, 1941, and also within six months after the date of the judgment or the entry of the decree or order appealed from.”
This quote establishes the specific time requirements for appeals under the new statute for judgments entered before October 1, 1941.
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Join FLexlaw to unlock all legal intelligenceThe decrees appealed from were entered on April 21, 1941, and June 13, 1941. The appeal was taken on December 12, 1941. While the appeal was filed les…
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Under Chapter 20441, Acts of 1941, where a writ of error or an appeal is taken from a judgment, decree or order which was entered before noon of October 1, 1941, such writ of error or appeal must be duly taken within sixty days after noon October 1, 1941, and also within six months after the date of the judgment or the entry of the decree or order appealed from. A writ of error or an appeal from a judgment, decree or order that was entered after noon of October 1, *5381941, must be taken within sixty days after the date of the judgment or the entry of the decree or order appealed from as adjudicated in Erma De Bowes v. Ray O. De Bowes, filed February 20, 1942.
In this case the decrees appealed from were entered April 21, 1941, and June 13, 1941, respectively, and the appeal was taken December 12, 1941. The period from June 13, 1941, to December 12, 1941, is less than six months. Though the appeal was taken less than six months after the entry of the decrees appealed from, it was not taken within sixty days after October 1, 1941, and thus violates Chapter 20441, Acts of 1941, as interpreted in De Bowes v. De Bowes and in City of Miami Beach v. G.A.P. Company, et al., filed at this term. The appeal is therefore dismissed.
BROWN, C. J., TERRELL, BUFORD, CHAPMAN, THOMAS and ADAMS, JJ., concur.
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Godson v. THE Surf Club, 150 Fla. 655 (Fla. 1942)…“shall be sued out and taken within sixty days from the date of said judgment or the entry of the order or decree appealed from,” and which by its terms became effective October 1, 1941, at 12 o’clock M. Counsel for appellee cite Scott v. Wellacott, 149 Fla. 537, 6 So. (2nd) 622. See also DeBowes v. DeBowes, 149 Fla. 545, 7 So. (2nd) 4, and City of Miami Beach v. G.A.P. Co. 7 So. (2nd) 9, 149 Fla. 557. The holding of this Court as to appeals taken under Section 3172 Rev. Gen. Stats., being Section 4964 C.G…
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Lasseter v. Shirey, 151 Fla. 361 (Fla. 1942)…urther consideration of the transcript that this appeal was entered December 6, 1941, from a final decree dated June 2, 1941. The appeal must be dismissed and the decree appealed from affirmed on authority of the following cases: Scott v. Wellacott, 149 Fla. 537, 6 So. (2nd) 622; DeBowes [*362] v. DeBowes, 149 Fla. 545, 7 So. (2nd) 4; City of Miami Beach v. G. A. P. Co., 149 Fla. 557, 7 So. (2nd) 9; Chewning v. Pollak, 149 Fla. 545, 7 So. (2nd) 4; Harkins v. Atlantic National Bank of Jacksonville, 149 Fla.…