Mutual Sav. Life Ins. Co. v. Osborne

The Court of Appeals in the opinion reviewed here on certiorari, 7 So.2d 319, 1 dismissed the: appeal on the ground, not that the appellant was guilty of negligence in prosecuting the appeal but that said court •did not obtain jurisdiction of the appellee’s person by the issuance and service of a •citation of appeal before the motion to dismiss was made, and stresses the default of the clerk in failing to issue the certificate •and citation of appeal.

The duty of the appellant to diligently prosecute his appeal, by causing the necessary steps to be taken to perfect the appeal, •or show cause…