Opinion
September 29, 1950.
Appeal from the Circuit Court for Bay County, E. Clay Lewis, J.
W. Fred Turner, Panama City, for appellant.
Isler Welch and Charles S. Isler, Jr., all of Panama City, for appellee.
The appellee has moved to quash the pending appeal on the ground that the court lacks jurisdiction of the subject matter and the parties because the purported notice of appeal fails to specify the order, judgment or decree appealed from and the date upon which it was rendered.
The statute governing appeals provides: "* * * All proceedings for review, from a lower court to the proper appellate court, shall be by appeal, except where certiorari or prohibition lies, or where otherwise expressly provided by law. * * * The filing of the notice of appeal, with the clerk of the trial court, or judge if there be no clerk, shall give the appellate court jurisdiction of the subject matter and parties to the appeal * * *. The form of such notice of appeal may be prescribed by the supreme court. * * *" See Section 59.01 (5) (8) (9), Florida Statutes 1941, as amended, F.S.A.
A form of notice of appeal has been prescribed by the Supreme Court of Florida. See Supreme Court Rules — Forms. This form must be substantially followed by an appellant in order to give the appellate court jurisdiction of the subject matter and parties to the appeal. Compare Bell v. State, 154 Fla. 505, 18 So.2d 361. Under this prescribed form of notice an appellant is required to specify the court from which the appeal is taken; the style of the cause in which the order, judgment or decree was entered; the date of the rendition of the order, judgment or decree; and the book in which it was recorded in the office of the clerk or judge of the lower court. All these matters should appear in the notice of appeal so that the appellate court and the adverse party may determine from an inspection of the notice that the order, judgment or decree sought to be reviewed is one from which an appeal will lie and that the appeal has been taken within the time prescribed by law.
The notice of appeal in the instant case does not conform substantially with the requirements of the prescribed form. It does not advise us of the nature of the order, judgment or decree sought to be reviewed, when it was rendered, or where it is recorded. We are informed by counsel for the respective parties that the subject matter of the appeal is, in fact, an order denying a motion for a new trial in a common law proceeding. Such an order is not reviewable by appeal. Douglas-Guardian Warehouse Corporation v. Insurance Agents Finance Corporation, Fla., 46 So.2d 169; Secs. 59.02, 59.03, 59.04 and 59.05, Florida Statutes 1941, F.S.A., as amended. The motion to quash the appeal should therefore be granted.
It is so ordered.
ADAMS, C.J., and CHAPMAN and HOBSON, JJ., concur.