UNA G. MONSALVATGE
v.
MERLIN B. MONSALVATGE
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The Florida Supreme Court denied a wife's petition for costs and attorney fees related to her appeal, finding that the court lacked jurisdiction due to the absence of a certified notice of appeal and insufficient evidence that she would be deprived of review without the requested funds.
No, the Court lacks jurisdiction because a certified notice of appeal was not presented. Furthermore, there is insufficient evidence that the wife will be deprived of appellate review without the requested costs, so the petition is denied.
“We fail to find in the record presented a certified copy of the notice of appeal which confers jurisdiction of the cause and parties to this Court.”
Establishes the primary reason for lack of jurisdiction.
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Join FLexlaw to unlock all legal intelligenceThe appellant (wife) petitioned the Florida Supreme Court for an order requiring the appellee (husband) to pay the costs of preparing and filing the t…
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This cause is before the Court on petition of the appellant (wife) for an order requiring the appellee (husband) to pay the costs of preparing and filing in this Court of a copy of the transcript of the record estimated to cost approximately $250.00, coupled with an order allowing counsel fees in behalf of the appellant. We fail to find in the record presented a certified copy of the notice of appeal which confers jurisdiction of the cause and parties to this Court.’ Likewise it has not been shown that the appellant will be deprived of the review without the payment of the costs necessary to prepare and lodge in this Court a transcript of the record, and accordingly the petition praying for the aforesaid orders is hereby denied without prejudice.
It is so ordered.
BUFORD, C. J„ TERRELL, CHAPMAN and ADAMS, JJ., concur.
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Bambrick v. Bambrick, 165 So. 2d 449 (Fla. 2d DCA 1964)…he jurisdictional prerequisites, then its judgment may be attacked in any collateral proceedings by showing the absence of jurisdiction. Pitts v. Pitts, 1935, 120 Fla. 363, 162 So. 708; American Surety Co. of New York v. Andrews, 1943, 152 Fla. 638, 12 So. 2d 599; Polk v. Polk, Fla.1949, 41 So. 2d 150. See also 34 C.J.S. Executors and Administrators § 579.2 Section 744.06(3), Florida Statutes, F.S.A.,3 is nothing more than a re-affirmation of the inherent jurisdiction of a court of equity. It is clear that…1 / 2
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Gerhard T. Beck v. Barnett Nat'l Bank OF Jacksonville, 117 So. 2d 45 (Fla. 1st DCA 1960)…R. 267; Woodbury v. Tampa Waterworks Co., 57 Fla. 243, 49 So. 556, 21 L.R.A., N.S., 1034. . 39 G.J.S. Guardian and Ward § 173(a), p. 311. . Carroll v. Carroll, 127 Fla. 226, 172 So. 916. . American Surety Co. of New York v. Andrews, 152 Fla. 638, 12 So. 2d 599. . 39 O.J.S. Guardian and Ward § 173(a), p. 312. . 25 Am.Jur., Guardian and Ward, p. 98, See. 158. . Linton v. Walker, 1858, 8 Fla. 144. . Baker v. Bundy, 55 Ind.App. 272, 103 N.E. 608. . Marshall v. Gustin, 89 Or. 53, 170 P. 312, 173 P. 461; K…
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SUN Bank & Tr. Co. v. Jones, 645 So. 2d 1008 (Fla. 5th DCA 1994)…ruling appears to be contrary to established law in this area. Generally, the burden of proof of the reasonableness of attorney's fees and the correctness of an accounting is placed on the guardian. See American Surety Co. v. Andrews, 152 Fla. 638, 12 So. 2d 599 (1943); Firmin v. Sanborn, 119 Fla. 396, 161 So. 555 (1935); Estate of Ganier, 402 So. 2d 418 (Fla. 5th DCA 1981), quashed on other grounds, 418 So. 2d 256 (Fla.1982); Beck v. Beck, 383 So. 2d 268 (Fla. 3d DCA 1980); Cohen v. Cohen, 346 So. 2d 1047…
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