Hale v. Martin

SEBRING, Justice.

Frank Martin sued Emilie Hale in the Civil Court of Record for Dade County, Florida, and a judgment was entered in favor of the defendant. The plaintiff appealed the judgment to the Circuit Court for Dade County but failed to pay the costs specifically assessed against him in the lower courty as a condition precedent to the appeal. The appellee moved to dismiss the appeal on the ground that the appellant had failed to pay the costs which had been duly assessed against him in the suit in the court below. The Circuit Court denied the motion and allowed the plaintiff to pay the…