Legal Opinion

Funke v. Federal Trust Co.

District Court of Appeal of Florida

Decided January 7, 1958No. 57-373PublishedCited by 4 opinions

1Opinion of the Court

CARROLL, CHAS., Chief Judge.

This is an application for a writ of certi-orari to review an order of the Circuit Court of Dade County denying a motion to dismiss an appeal.

The initial proceeding was in the Civil Court of Record where a judgment which *637was rendered in favor of a defendant included judgment for $152 costs against the plaintiff.

The plaintiff appealed to the Circuit Court, without first paying such costs. He did not assign as error the adjudging of the costs against him by the lower court.

The original defendant as the appellee in the Circuit Court moved to dismiss the appeal, for…

2Cases cited5 opinions

  1. Haile v. Mason Hotel & Investment Co.Supreme Court of Florida · 1916
  2. Petition of Florida BarSupreme Court of Florida · 1952
  3. Berg v. New York Life InsuranceSupreme Court of Florida · 1955
  4. Walker v. City of JacksonvilleSupreme Court of Florida · 1944
  5. Smith v. DillardSupreme Court of Florida · 1922

3Cited by4 opinions

  1. Bannister v. HartDistrict Court of Appeal of Florida · 1962
  2. Pollack v. PollockDistrict Court of Appeal of Florida · 1959
  3. Ogier v. John H. Swisher & Sons, Inc.District Court of Appeal of Florida · 1961
  4. Spector v. AhrenholzDistrict Court of Appeal of Florida · 1958

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