B. P. BLANTON, PLAINTIFF IN ERROR,
v.
THE WEST COAST RAILWAY COMPANY, DEFENDANT IN ERROR
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The Florida Supreme Court dismissed a writ of error because the lower court record lacked a final judgment, which is a prerequisite for appellate review. The court clarified that a judgment for costs alone, without adjudicating the merits, does not constitute a final judgment.
No, a writ of error does not lie to a judgment for costs alone if it does not terminate or dispose of the action by adjudicating the merits.
“Under the statute of this State a writ of error lies only to a “final judgment” in an action at law or to “an order granting a new trial at law.””
Establishes the statutory basis for appellate review.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error brought an action against the West Coast Railway Company in the Circuit Court for Taylor County. A verdict was rendered for the…
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Whitfield, C. J.
—In an action brought in the Circuit Court for Taylor County by the plaintiff-in error against the West Coast Eailway Company, a verdict was rendered for the defendant, but no judgment thereon appears in the transcript.
Under the statute of this State a writ of error lies only to a “final judgment” in an action at law or to “an order granting a new trial at law.” Sections 1691 and 1695, General Statutes 1906. There is no order granting a new trial and the writ of error purports to be from a judgment, but none appears in the transcript except perhaps a judgment for costs. When a writ of error is taken to a judgment in an action at law, and there is in the record proper no entry of a final judgment terminating or disposing of the action, the writ of error is improperly issued and will be dismissed. A judgment for costs alone, where the merits of the cause are not adjudicated, and the action is not terminated or disposed of, is not such a final judgment as will support a writ of error. Dexter v. Seaboard Air Line Ry., 52 Fla. 250, 42 South. Rep. 695, and authorities cited.
Writ of error dismissed.
All concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Young v. Lassiter, 87 Fla. 445 (Fla. 1924)…onstitute a final judgment which will support a writ of error. Milteer v. S. A. L. Ry. Co., 65 Fla. 357, 61 South. Rep. 749; Pensacola Bank and Trust Co. v. National 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 m…
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Goldring v. Reid, 60 Fla. 78 (Fla. 1910)
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Milteer v. Seaboard Air Line Ry. Co., 65 Fla. 357 (Fla. 1913)…not constitute a final judgment which will support a writ of error. See Pensacola Bank & Trust Co. v. National Bank of St. Petersburg, 58 Fla. 340, 50 South. Rep. 414; Dallam v. Sanchez, 56 Fla. 779, 47 South. Rep. 871; Blanton v. West Coast R. Co., 58 Fla. 169, 50 South. Rep. 915; 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. There being no final judgment the writ of error is hereby dismis…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dexter v. Seaboard Air Line Railway, 52 Fla. 250 (Fla. 1906)