JOHNSON, DANIELS & CO., PLAINTIFFS IN ERROR,
v.
POLK COUNTY, DEFENDANT IN ERROR
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The Florida Supreme Court dismissed a writ of error because the lower court's order sustaining a demurrer and entering judgment for the defendant was not a final judgment. The court clarified that a writ of error can only be taken from a final judgment that disposes of the entire action.
No, an order sustaining a demurrer and entering judgment for the defendant is not a final judgment if it does not dispose of the entire action. Therefore, a writ of error cannot be taken from such an order.
“The dismissal of an appeal for failure to comply with -some substantial requirement of the law governing appeals does not bar a second appeal nor a writ of error, ta [*29] ken within the time allowed by the statutes for taking appeals and writs of error.”
Establishes that a prior dismissal does not preclude a new appeal if filed within statutory limits.
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Join FLexlaw to unlock all legal intelligenceJohnson, Daniels & Co. sought to review a lower court's order that sustained a demurrer and entered judgment for the defendant with costs. However, th…
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Mr. Justice Raney
delivered the opinion of the court:
'The dismissal of an appeal for failure to comply with -some substantial requirement of the law governing appeals does not bar a second appeal nor a writ of error, ta ken within the time allowed by the statutes for taking appeals and writs of error. Harris vs. Ferris, 18 Fla., 81.
It is error to sue out a writ of error in simply the firm-name or style of a copartnership.
The names of the individuals composing the firm should be set out as they appear in the record of the cause. Whether such an error is amendable it is unnecessary to-discuss here, as upon an inspection of the transcript we discover there is no final judgment in the case.
The judgment, which it is sought to have reviewed, orders that the demurrer “ be sustained,” and that “ judgment on the demurrer is hereby entered upon the demurrer for the defendant with costs.” There is no entry disposing-of the action, and until there is one no appeal or writ of error lies. Gates vs. Hayner et al., 22 Fla., 325.
The writ of error is dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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The State of Fla. ex rel. John Andreu v. Heth Canfield, 40 Fla. 36 (Fla. 1898)…Executors of Fox, 4 Ga. 403; Miller v. McKenzie, 10 Wall. 582; The Protector, 11 Wall. 82; Alston v. Rowles, 13 Fla. 110; [*59] Guarantee Trust & Safe Deposit Co. v. Buddington, 23 Fla. 514, 2 South. Rep. 885; Johnson, Daniels & Co. v. Polk County, 24 Fla. 28, 3 South. Rep. 414. Were it not for the fact that the time limited by law for suing out a writ of error in this case has some time since expired, we should feel disposed to withhold our judgment of dismissal, and to permit an application to be made…
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Glasser v. Hackett, 37 Fla. 358 (Fla. 1896)…ere that the dismissal of an appeal for a failure to comply with some requirement of the statute regulating appeals does not preclude a second appeal, nor a writ of error, if taken in due time. Harris vs. Ferris, 18 Fla. 81, Johnson vs. Polk County, 24 Fla. 28, 3 South. Rep. 414. But it has not been decided here that the second appeal or writ of error could be sued out before dismissal of the first appeal or writ of error. In Holland vs. State, 15 Fla. 549, after an appeal with supersedeas had been perfec…
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Goldring v. Reid, 60 Fla. 78 (Fla. 1910)
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- O. v. Gates, 22 Fla. 325 (Fla. 1886)
- Harris v. Ferris, 18 Fla. 81 (Fla. 1881)
- Johnson v. The Cnty. of Polk, 23 Fla. 58 (Fla. 1887)