Bailey v. Bailey

STURGIS, Judge.

The appellant, defendant below, against whom a judgment of eviction was rendered in a suit which, though filed in chancery, was essentially a suit in ejectment, appealed said judgment to this court. That appeal was dismissed for failure of the appellant to file assignments of error as required by Florida Appellate Rule 3.3, 31 F.S.A.

Within 90 days after such dismissal the defendant, proceeding under Sections 70.-06 to 12, Florida Statutes, F.S.A., filed in the trial court a petition to be compensated for permanent improvements to the property in controversy, commonly known as a…