Walker v. City of Jacksonville

Supreme Court of Florida

Walker v. City of Jacksonville

19 So. 2d 372, 154 Fla. 893, 1944 Fla. LEXIS 844

CourtSupreme Court of Florida

DecidedOctober 6, 1944

StatusPublished

Cited by5 cases

This text of 19 So. 2d 372 (Walker v. City 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.

Bluebook

Walker v. City of Jacksonville, 19 So. 2d 372, 154 Fla. 893, 1944 Fla. LEXIS 844 (Fla. 1944).

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Opinion

BUFORD, C. J.:

This cause is before, us on appeal and motion to dismiss, . timely made, on the ground that appellant has failed to comply with the mandatory provisions of Sec. 59.09 Fla. Stats. 1941, (same F.S.A.) requiring the payment of costs in the lower court before a plaintiff may invoke the right of review in the Supreme Court.

We have repeatedly recognized the force and effect of the statute and applied its provisions on motion to dismiss, although we have intimated that it might be oppressive and, in our view, lacking in broad justice. See Union Bank of Florida, etc. v. McBride, 2 Fla. 23-25-26, Calison v. A.C.L. Ry. Co., 82 Fla. 516, 9 So. 619, and Busch, et al., v. Goodno, 99 Fla. 517, 128 So. 825.

The appellee has claimed the benefits of the statute which is within the province of the Legislature to enact. The courts may not ignore its terms. So, the appeal must be dismissed.

So ordered.

BROWN, THOMAS and SEBRING, JJ., concur.

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