WILLIE T. RUSS
v.
B. L. SOLOMON, AS ADMINISTRATOR AD LITEM OF THE ESTATE OF J. W. RUSS, DECEASED, AND MRS. FRANCES S. DAFFIN, ADMINISTRATRIX AD LITEM OF THE ESTATE OF R. L. DAFFIN, DECEASED
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The Florida Supreme Court dismissed an appeal from a probate court decree as untimely. The appellant filed the appeal 55 days after entry of the circuit court decree, exceeding the 30-day deadline specified in the Probate Act, despite a general 60-day statute enacted later that did not expressly repeal the probate-specific provision.
The 30-day deadline in Section 56, Chapter 16103 (Probate Act of 1933) remains controlling for probate appeals, and the later-enacted general 60-day statute does not implicitly repeal the specific probate provision. Because the appeal was not taken within 30 days, it was properly dismissed.
“Appeals from the Circuit Court to the-Supreme Court shall be governed in all respects by the law and rules regulating appeals in chancery, except as herein otherwise provided. Such an -appeal shall be taken within thirty days from .the entry in the office of the Clerk of the Circuit Court of the decree of the Circuit Court appealed from.”
Section 56, Chapter 16103 establishes the 30-day deadline for probate appeals that controls this case.
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Join FLexlaw to unlock all legal intelligenceA decree was entered in the Circuit Court on November 12, 1941, in a matter appealed from the probate court. The appellant filed notice of appeal to t…
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In proceedings in the Circuit Court in a matter as on appeal from the probate court,of the county, the decree was entered November 12, 1941. An appeal to this court was taken January 6, 1942.
Section 56, Chapter 16103, the Probate Act of 1933, contains:
“Appeals from the Circuit Court to the-Supreme Court shall be governed in all respects by the law and rules regulating appeals in chancery, except as herein otherwise provided. Such an -appeal shall be taken within thirty days from .the entry in the office of the Clerk of the Circuit Court of the decree of the Circuit Court appealed from.”
Chapter 20441,.Acts of 1941, is as follows:
“An Act Relating' To and Affecting the Time Within Which Writs of Error Shall Be Sued Out in Actions at Law or Appeals Taken-in Suit's in Chancery; To Repeal Certain Statutes Relating Thereto, and Certain Statutes Saving the Time Therefor in Favor of Infants and Married Women; and to Fix the Effective Date Hereof.
“Be It Enacted By the Legislature of the State of Florida:
“Section 1. All Writs of Error in Judgments in Civil Actions, and Appeals in Chancery whether from interlocutory orders or decrees, shall be sued out and taken within Sixty (60) days from the date of said judgment, or the entry of the order or decree appealed from.
“Section 2. That Sections 2909, 2910 and 3168 of the Revised General Statutes of Florida A. D. 1920, being Sections 4610, 4619, 4620 and 4960 Compiled. *12General Laws of Florida 1927, be and the same are hereby repealed.
“Section 3. This Act shall take effect October 1, 1941, at 12:00 o’clock M. '
“Approved by the Governor May 23, 1941.
“Filed in Office Secretary of State May 23, 1941.”
Chapter 20441 above quoted uses the language of the statutory Sections it supersedes and expressly repeals, but it does not refer to or affect Chapter 16103 or to Section 56 thereof. There is nothing in Chapter 20441 to indicate a legislative intent to supersede or to repeal any of the express provisions of Section 56, Chapter 16103, therefore such Section 56 of Chapter 16103 is controlling; and as the appeal herein was not taken within thirty days from the entry of the decree appealed from the time limited by Section 56, Chapter 16103, Acts of 1933, such appeal is dismissed without prejudice to review by certiorari of the involved decree of the Circuit Court.
It is so ordered.
BROWN, C. J., WHITFIELD, TERRELL, BUFORD, CHAPMAN, THOMAS and ADAMS, JJ., concur.
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Russ v. B. L. Solomon ad litem of the Estate of J. W. Russ, 152 Fla. 348 (Fla. 1943)…g probate matters in a cause originating in the County Judge’s Court of Jackson County, Florida. The aforesaid order dismissing the appeal was “without prejudice to review by certiorari the involved decree of the Circuit Court.” See Russ v. Solomon, 151 Fla. 10, 9 So. (2nd) 95. On October 14, 1942, pursuant to the order of dismissal, counsel petitions this Court under the provisions of Section 5 of Article V of the Constitution of Florida authorizing the issuance of a constitutional writ of certiorari and…