J. A. GRAY AND MIMS MONROE, PARTNERS DOING BUSINESS AS BLACKWATER LUMBER COMPANY, PLAINTIFF IN ERROR,

v.

J. W. C. MANN, DEFENDANT IN ERROR

Citator

Cited By

• Caufield v. Gino Cantele, 837 So. 2d 371 (Fla. 2002)
  …done so for three reasons. See Sholkoff, 693 So. 2d at 1115; Craft, 162 So. 2d at 326. First, such orders are incident to the merits of the case, and', as such, are not final judgments in the sense of final judgments on the merits. See Gray v. Mann, 47 Fla. 162, 37 So. 161 (1904); Hall v. Patterson, 45 Fla. 353, 33 So. 982 (1903). Second, where a voluntary dismissal is granted and the court does not award the defendant costs, if the plaintiff sues the defendant again on the same claim, rule 1.420(d) expres…
• Craft v. Marcel Clarembeaux, 162 So. 2d 325 (Fla. 2d DCA 1964)
  …resolve the jurisdictional question. As aforesaid, the instant case arises on plenary appeal and in such posture collides with the well established principle that a cost determination alone will not support plenary appeal. E. g. Gray v. Mann, 1904, 47 Fla. 162, 37 So. 161. This latter rule, while not precluding appellate review of cost determinations, does circumscribe the context in which such review may be had. There would seem to be no question that an appellate court may review a cost determination w…
• Dexter v. Seaboard Air Line Railway, 52 Fla. 250 (Fla. 1906)
  …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 upon consideration ordered, adjudged and decreed by the court that the defendant. Seaboard Air Line Railway, a corporation, do have and recover of and from the plaintiffs, H. F. Dexter and S. B. Conne…

Authorities Cited

• Callie Hall v. Patterson, 45 Fla. 353 (Fla. 1903)
• Haynes v. Bramlett, 46 Fla. 348 (Fla. 1903)
• Cobb v. Cnty. of Santa Rosa, 47 Fla. 135 (Fla. 1904)
• Birmingham Tr. & Sav. Co. v. Jackson Cnty. Mill Co., 46 Fla. 236 (Fla. 1903)