WILLIAM B. HAYNES, PLAINTIFF IN ERROR,
v.
T. W. BRAMLETT, DEFENDANT IN ERROR
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The Florida Supreme Court dismissed a writ of error because the lower court's judgment, which only awarded costs to the defendant after a jury found him not guilty, was not a final judgment sufficient to support an appeal.
No, a judgment for costs alone, entered after a jury verdict in favor of the defendant, is not a final judgment that will support a writ of error.
“a judgment for costs alone, though entered for defendant after the jury have found a verdict in his favor, is not such final judgment as will support a writ of error.”
establishes the precedent for what constitutes a final judgment sufficient for appeal.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff sued the defendant for trespass. The jury found the defendant not guilty. The trial court then entered a judgment solely for the defenda…
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Carter, P. J.
This was an action to recover damages for a trespass to real estate instituted by plaintiff in error against defendant in error in the Circuit Court of Pasco county in April, 1899. It appears from the record that on April 13th, 1900, a trial was had, and that the jury rendered a verdict finding the defendant not guilty. Thereupon the following judgment was enterd: “It is, therefore, ordered and adjudged that the defendant T. W. Bramlett do have and recover from the plaintiff W. B. Haynes the sum of forty-one and 71-100 dollars as for the cost of this suit by the said defendant expended.” This is the only entry purporting to be a final judgment.
In Hall v. Patterson, 45 Fla. 353, 33 South. Rep. 982, it was held that a judgment for costs alone, though entered for defendant after the jury have found a verdict in his favor, is not such final judgment as will support a writ of error. The judgment here entered is not, under the authority of that case, such a final judgment as will support the writ of error here taken, and the writ must, therefore, be dismissed at the cost of plaintiff in error.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Young v. Lassiter, 87 Fla. 445 (Fla. 1924)…Bank St. Petersburg, 58 Fla. 340, 50 South. Rep. 414; Blanton v. West Coast R. Co., 58 Fla. 169, 50 South. Rep. 945; Dallam v. Sanchez, 56 Fla. 779, 47 South. Rep. 871; Cobb v. Santa Rosa County, 47 Fla. 135, 36 South. Rep. 172, Haynes v. Bramlett, 46 Fla. 348, 35 South. Rep. 3; Hall v. Patterson, 45 Fla. 353, 33 South. Rep. 982. This entry may be considered as an order for judgment in favor of defendants and final judgment entered in the case, to review which writ of error may be taken, and the transcri…
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Dexter v. Seaboard Air Line Railway, 52 Fla. 250 (Fla. 1906)…cause not being therein adjudicated, though entered for defendant after the jury have found a verdict in his favor, is not such a final judgment as will support a writ of error. Hall v. Patterson, 45 Fla. 353, 33 South. Rep. 982; Haynes v. Bramlett, 46 Fla. 348, 35 South. Rep. 3; Birmingham Trust & Savings Co. v. Jackson County Mill Co., 46 Fla. 236, 35 South. Rep. 877; Cobb v. County of Santa Rosa, 47 Fla. 135, 36 South. Rep. 172; Gray v. Mann, 47 Fla. 162, 37 South. Rep. 161. The entry here that “it is…
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Cobb v. Cnty. of Santa Rosa, 47 Fla. 135 (Fla. 1904)…the court [*136] that the defendant do have and recover of and from the plaintiff its costs expended in and about their suit.” Such a judgment will not support a writ of error. Hall v. Paterson, 45 Fla. 353, 33 South. Rep. 982; Haynes v. Bramlett, 46 Fla. 348, 35 South. Rep. 3; Birmingham Trust & Sav. Co. v. Jackson County Mill Company, 46 Fla. 236, 35 South. Rep. —. Writ of error dismissed. All-concur, except Taylor, C. J., absent on account of sickness.…
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- Callie Hall v. Patterson, 45 Fla. 353 (Fla. 1903)