Dupree v. Elleman

On Petition for Rehearing

Brown, J.

(dissenting). — As I see it, the appeal attempted to be issued as of March 1, 1939, was premature and unwarranted, because at that time, and apparently up to the present time, no final and appealable judgment had been entered in the circuit court. In their petition for rehearing, petitioners alleged they were not cognizant of the fact such judgment had not been entered as required by law at the time they attempted to take said appeal to this Court. Petitioners allege that they recenly, on July 26, 1939, had filed in the Circuit Court of Leon County, a motion,…