WM. W. FLOURNOY, PLAINTIFF IN ERROR,
v.
INTERSTATE ELECTRIC COMPANY, A CORPORATION, DEFENDANT IN ERROR

Fla. | 1911-01-01
Taylor, Hocker and Parkhill, J. J., concur;, Whitfield, C. J., and Shackleford and Cockrell, J. J., concur in the opinion.
61 Fla. 214 Florida Supreme Court (1911) Positive Treatment
Cited by 10 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida Supreme Court dismissed a writ of error because the transcript of the record did not contain the final judgment that was supposed to be reviewed. This highlights the procedural requirement for complete records in appellate proceedings.

Holding

Yes, the writ of error must be dismissed if the transcript of the record proper does not contain the final judgment being appealed.

Key Quotes

“Where a writ of error purports to be taken to a final judgment, and no final judgment appears in the transcript of the record proper, the court should not proceed to consider the errors assigned, but should dismiss the writ of error, whether a motion be made for that purpose or not.”

This quote establishes the core legal principle for dismissing the appeal due to a missing judgment.

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Facts & Procedural History

The plaintiff in error filed a writ of error to a judgment entered in the lower court. However, the transcript of the record provided to the appellate…

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Topics
Transcript Of Record Writ Of Error Final Judgment

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Opinion of the Court
Per Curiam.

Per Curiam.

The writ of error herein is addressed to a judgment entered in the cause, but no judgment appears in the transcript of the record on file here.

Where a writ of error purports to be taken to a final judgment, and no final judgment appears in the transcript of the record proper, the court should not proceed to consider the errors assigned, but should dismiss the writ of error, whether a motion be made for that purpose or not. Seaboard Air Line Ry. v. Bennett, 47 Fla. 215, 36 South. Rep. 86; Goldring v. Reed, 61 Fla. 250, 53 South. Rep. 503; Graves v. Harris, 61 Fla. 254, 54 South. Rep. 390.

The rules contemplate that in making up a transcript of the record to be transmitted to the appellate court in response to a writ of error, the judgment to which the writ of error is addressed should be included in the transcript.

In this case counsel directed the clerk to include in the transcript certain specified “papers,” but did not mention or include the judgment, and directed the clerk to “omit from the transcript all other papers.”

The writ of error is dismissed.

Taylor, Hocker and Parkhill, J. J., concur; Whitfield, C. J., and Shackleford and Cockrell, J. J., concur in the opinion.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State Rd. Dep't of the State of Fla. v. Crill, 99 Fla. 1012 (Fla. 1930)
    …ept from an order granting a new trial at law, and it is a rule of this Court that where no final judgment appears in the record, whether a motion be made for the-purpose or not, the writ of error will be dismissed (Flournoy v. Interstate Elec. Co., 61 Fla. 214, 55 So. R. 983; S. A. L. Ry. Co. v. Bennett, 47 Fla. 215, 36 So. R. 86; Zaring & Co. v. Humphreys, 68 Fla. 6, 65 So. R. 665; Goldring v. Reid, 60 Fla. 78, 53 So. R. 503) and the Court will not. consider the errors assigned. Graves v. Harris, 61 Fla.…
  • C. W. Zaring & Co. v. Humphreys, 68 Fla. 6 (Fla. 1914)
    …nal judgment appears in the transcript of the record proper,.the court should not proceed to con-' sider the errors assigned, but should dismiss the writ of error, whether a motion be made for that purpose or not Flournoy v. Interstate Electric Co., 61 Fla. 214, 55 South. Rep. 983. Attention is called to the fact that the transcript does not contain an exception to the order overruling the motion for a new trial. The writ of error is dismissed. Shackleford, C. J., and Taylor, Cockrell and Whitfield, J.…
  • Bagdad Land & Lumber Co. v. Boyette, 104 Fla. 696 (Fla. 1931)
    …the transcript of the record brought to the Supreme Court on a writ of error to such a judgment, the writ of error will be dismissed at the cost of the plaintiff in error. Jones v. Tyler, 58 Fla. 290, 51 So. 283; Flournoy v. Interstate Electric Co., 61 Fla. 214, 55 So. 983; Wiggins v. Sylvester, 79 Fla. 232, 83 So. 876. Under the provisions of Section 4606 (2901) and 4616 (2905) Compiled General Laws of Florida 1927, writs of error lie only from final judgments and from orders granting new trial, and when…

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