JAMES H. HENDRICKS, PLANITIFF IN ERROR,
v.
HENRY B. PHILIPS, DEFENDANT IN ERROR
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The Florida Supreme Court dismissed a writ of error because the parties agreed to supplement the record, which eliminated the basis for the assigned errors, rendering the remaining errors unsupported by the record.
Yes, the writ of error was dismissed because the agreed-upon supplementation of the record removed the grounds for the initial assignments of error, and the remaining errors lacked factual support in the record.
“It is therefore ordered "that the transcript of record be so supplemented as consented to and agreed upon.”
Establishes the court's order to include the agreed-upon supplemental record.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error filed a writ of error. The defendant in error moved to dismiss the writ. The parties agreed in writing to supplement the record…
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Per Curiam.:
This cause coming-on to be heard, upon motion of the defendant in error to dismiss the writ of error, and the parties plaintiff and defendant in error having consented and agreed in writing here that the transcript of record filed shall be supplemented by the addition thereto of certified copies, filed with said motion, of the judgment by default entered in the. cause in the court below, and of the written proofs filed in the court below of the cause of action upon which the final judgment was entered. It is therefore ordered "that the transcript of record be so supplemented as consented to and agreed upon. And it further appearing to the court that the amendment of the record so agreed to and ordered eliminates from the case the assignments of error predicated upon the supposed absence of such default judgment and of the proofs upon which the final judgment was entered, and that the remaining errors assigned have no basis of fact in the record to sustain them, it is, therefore, hereby ordered that the said motion be and the same is hereby granted and the writ of error hereiip is hreby dismissed at the cost of the plaintiff in error.