Simmons v. Gainesville Nehi Bottling Co.

We are confronted with appellee’s motion to dismiss this appeal because of the failure of appellant, the original plaintiff below, to comply with Florida Appellate Rule 3.2(f), 31 F.S.A., and Section 59.09, Florida Statutes, F.S.A. The rule, which has superseded the statute, provides:

“(f) Payment of Costs by Original Plaintiff. No appeal may be taken by the original plaintiff in any suit or proceeding until he shall have first paid all costs that have accrued in or about the suit, and have been specifically taxed against him, up to the time the appea.1 is taken; provided, that nothing…