Gulf Fertilizer Co. v. Hutchinson

Supreme Court of Florida

Gulf Fertilizer Co. v. Hutchinson

109 So. 803, 92 Fla. 123

CourtSupreme Court of Florida

DecidedJune 30, 1926

StatusPublished

Cited by1 cases

This text of 109 So. 803 (Gulf Fertilizer Co. v. Hutchinson) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gulf Fertilizer Co. v. Hutchinson, 109 So. 803, 92 Fla. 123 (Fla. 1926).

Pincite

Opinion

Brown, C. J.

On motion to dismiss this 'appeal, it appears that the final decree appealed from was rendered on December 5, 1924; that subsequently, on February 10, 1925, the complainant in the court below, Marie Arneson, died, and the cause was revived against her executor on December 22, 1925. This appeal was entered on January 9, 1926, more than a year after the rendition and entering of the final decree appealed from. Section 3168 of the Rev. Gen. Stats, which limits the time within which appeals in chancery must be taken to six months after the entry of the order or decree appealed from, contains no saving clause, by reason of the death of a party. The limitation began to run during the life of Marie Arneson, and on her death the appellant had the right to revive the cause against her personal representative so as to give it the right to appeal therefrom, and this could have been done within the time limited. This was not done, however, and it is clear that the motion to dismiss will have to be granted. See Roach v. Goldman, 50 Fla. 601, 39 So. 16.

Appeal dismissed.

Whitfield, Ellis, Terrell and Strum, .J. J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Brown, C. J.

On motion to dismiss this 'appeal, it appears that the final decree appealed from was rendered on December 5, 1924; that subsequently, on February 10, 1925, the complainant in the court below, Marie Arneson, died, and the cause was revived against her executor on December 22, 1925. This appeal was entered on January 9, 1926, more than a year after the rendition and entering of the final decree appealed from. Section 3168 of the Rev. Gen. Stats, which limits the time within which appeals in chancery must be taken to six months after the entry of the order or decree appealed from, contains no saving clause, by reason of the death of a party. The limitation began to run during the life of Marie Arneson, and on her death the appellant had the right to revive the cause against her personal representative so as to give it the right to appeal therefrom, and this could have been done within the time limited. This was not done, however, and it is clear that the motion to dismiss will have to be granted. See Roach v. Goldman, 50 Fla. 601, 39 So. 16.

Appeal dismissed.

Whitfield, Ellis, Terrell and Strum, .J. J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

109 So. 803, 92 Fla. 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gulf-fertilizer-co-v-hutchinson-fla-1926.

Opinion

Related

Cite This Page — Counsel Stack