Harkins v. Atlantic National Bank of Jacksonville

Supreme Court of Florida

Harkins v. Atlantic National Bank of Jacksonville

7 So. 2d 3, 149 Fla. 229, 1942 Fla. LEXIS 757

CourtSupreme Court of Florida

DecidedJanuary 5, 1942

StatusPublished

Cited by1 cases

This text of 7 So. 2d 3 (Harkins v. Atlantic National Bank of Jacksonville) 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.

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Harkins v. Atlantic National Bank of Jacksonville, 7 So. 2d 3, 149 Fla. 229, 1942 Fla. LEXIS 757 (Fla. 1942).

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PER CURIAM:

This cause coming on to be heard on motion of appellees to dismiss because the appeal was not taken within sixty days from the date of the decree appealed from as required by Chapter 20441, Acts of Í941, and *230 it appearing that the said act did not go into effect until October 1, 1941, it would seem that a reasonable construction thereof would be to hold that all appeals or writs of error taken from judgments at law and decrees in equity entered prior to October 1, 1941, should be taken within sixty days from the latter date, appeals from judgments and decrees entered from and after October 1, 1941, will be governed by the terms of the Act.

Applying this rule the appeal in question was seasonably taken so the motion to dismiss is denied.

It is so ordered.

BROWN, C. J., TERRELL, BUFORD and ADAMS, JJ., concur.

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PER CURIAM:

This cause coming on to be heard on motion of appellees to dismiss because the appeal was not taken within sixty days from the date of the decree appealed from as required by Chapter 20441, Acts of Í941, and *230 it appearing that the said act did not go into effect until October 1, 1941, it would seem that a reasonable construction thereof would be to hold that all appeals or writs of error taken from judgments at law and decrees in equity entered prior to October 1, 1941, should be taken within sixty days from the latter date, appeals from judgments and decrees entered from and after October 1, 1941, will be governed by the terms of the Act.

Applying this rule the appeal in question was seasonably taken so the motion to dismiss is denied.

It is so ordered.

BROWN, C. J., TERRELL, BUFORD and ADAMS, JJ., concur.

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7 So. 2d 3, 149 Fla. 229, 1942 Fla. LEXIS 757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harkins-v-atlantic-national-bank-of-jacksonville-fla-1942.

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