E. E. ROPES, APPELLANT,
v.
L. H. ELDRIDGE, APPELLEE
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The Florida Supreme Court dismissed an appeal because the lower court's entry of a nonsuit was not a final judgment. Without a final judgment, the appellate court lacked jurisdiction.
No, an entry of a nonsuit is not a final judgment. Therefore, the appellate court has no jurisdiction to hear the appeal.
“The record discloses the fact that issues were joined between the parties, a jury empanelled and trial entered upon, but the only entry in the nature of a judgment is in this language: “On motion of plaintiff a juror was withdrawn and a nonsuit entered.””
Describes the procedural event that occurred in the lower court.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff (appellant) sued the defendant (appellee) in assumpsit. After a jury was empanelled and the trial began, the plaintiff moved to withdraw…
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Carter, J.:
The appellant, plaintiff in the court below, brought an action of assumpsit against appellee, defendant in the court below. Pleas were filed, issues joined and a trial by jury entered upon September 20, 1889. During the trial exceptions were taken to certain rulings of the Circuit Judge, which rulings are here assigned as errors. By reason of these rulings the plaintiff moved the court for leave to withdraw a juror and enter a nonsuit, and an appeal was then taken to the next term of this court. The appellee filed no brief in this court, but appellant submitted the case on brief at the June term, 1893.
The record discloses the fact that issues were joined between the parties, a jury empanelled and trial entered upon, but the only entry in the nature of a judgment is in this language: “On motion of plaintiff a juror was withdrawn and a nonsuit entered.” This does not constitute a final judgment. It is at most a mere recitation of record that a nonsuit had been entered. It does not purport to declare the sentence of the law upon the entry of the nonsuit, which is an essential element of a final judgment. Boggess vs. Cox, 48 Mo. 278; Black on Judgments, §115. There being no final judgment disposing of the action in the Circuit Court, this appeal must be dismissed. Gates vs. Hayner, 22 Fla. 325; Johnson, Daniels & Co. vs. Polk County, 24 Fla. 28, 3 South. Rep. 414; Tunno vs. In ternational Railway & Steamship Co., 34 Fla. 300, 16 South. Rep. 180; Vanhorne, Griffin & Co. vs. Henderson, 37 Fla. 354, 19 South. Rep. 659.
The appeal is dismissed.
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Citator
Cited By
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State v. Chillingworth, 106 Fla. 323 (Fla. 1932)…Brown, J. (Dissenting).—I seriously doubt that the minute entry quoted in the foregoing opinion constituted a final judgment by the Court. The following cases are very persuasive to the contrary; Ropes v. Eldridge, 39 Fla. 47, 21 So. 570; Ropes v. Lansing, 49 Fla. 225, 38 So. 177; Carlson v. Zihone, 51 Fla. 226, 40 So. 502; Pitts-burg Steel Co. v. Streety, 60 Fla. 183, 53 So. 505; Edwards v. Davenport, 11 Ala. App. 423, 66 So. 878; Mizell Live Stock Co. vs. McCaskill Co.…
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Goldring v. Reid, 60 Fla. 78 (Fla. 1910)
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Mizell Live Stock Co. v. The J. J. McCaskill Co., 57 Fla. 118 (Fla. 1909)…is at most a mere recitation of record that a non-suit had been entered. It does not purport to declare the sentence of the law upon the entry of the non-suit, which is an essential element of final judgment. This case is ruled by Ropes v. Eldridge, 39 Fla. 47, 21 South. Rep. 570. Also see Boggess v. Cox, 48 Mo. 278 and 1 Black on Judgments, section 115, there cited. Section 1691 of the General Statutes of 1906, reads: “Writs of error shall lie only from final judgments,_ except as specified in Section 1…
Previewing 3 of 6 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)
- Renner v. The President, 9 Wheat. 581 (U.S. 1824)
- Harris v. The Bank of Jacksonville & Maxfield & Co., 22 Fla. 501 (Fla. 1886)
- Tunno v. The Int'l Ry. & S.S. Co., 34 Fla. 300 (Fla. 1894)
- Johnson v. Polk Cnty., 24 Fla. 28 (Fla. 1888)
- Vanhorne v. Henderson, 37 Fla. 354 (Fla. 1896)