Berg v. New York Life Insurance

SEBRING, Justice.

Elsa Berg, the plaintiff below, appealed from a final decree entered in favor of the defendant. After the appeal was taken the defendant filed its motion to dismiss the appeal on the ground that the plaintiff had not paid the costs duly assessed in the lower court, as a condition precedent to taking the appeal. On hearing, the motion to dismiss was denied and an order was entered accordingly. Subsequently, a petition for rehearing was granted and the matter is now before the court on rehearing granted.

We find no error in our previous ruling in the cause. Section 59.09,…