ATTAWAY MCKINNON, PLAINTIFF IN ERROR,
v.
AMOS E. LEWIS ET AL., DEFENDANTS IN ERROR
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The Florida Supreme Court dismissed a writ of error because the record did not contain a final judgment from the lower court, rendering the appeal invalid. The court emphasized that a writ of error must be based on an existing, reviewable judgment.
No, a writ of error must be supported by a final judgment from the lower court. Without such a judgment in the record, the writ of error is invalid and must be dismissed.
“While a writ of error was sued out by Attaway McKinnon to a judgment said to have been rendered therein, upon a careful examination of the transcript of the record, the only judgment which is set forth therein is a money judgment which purports to have been rendered in favor of the plaintiff in an action of assumpsit instituted by Attaway McKinnon against William Augustus Lewis and Edward Clay Lewis, co-partners under the firm name and style of W. A. & E. C. Lewis, which cannot be considered a judgment in the instant case.”
Explains the discrepancy in the record and why the judgment shown was not relevant to the appeal.
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Join FLexlaw to unlock all legal intelligenceAttaway McKinnon initiated an ejectment action against Amos E. Lewis and I. A. Mumpford. The defendant, Amos E. Lewis, filed a plea of not guilty. The…
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Per Curiam.
—Attaway McKinnon instituted an action of ejectment against Amos E. Lewis and I. A. Mumpford. The declaration is in the usual statutory form, the defendant, Amos E. Lewis, filed a plea of not guilty. Just what proceedings were had in this case we are not advised. While a writ of error was sued out by Attaway McKinnon to a judgment said to have been rendered therein, upon a careful examination of the transcript of the record, the only judgment which is set forth therein is a money judgment which purports to have been rendered in favor of the plaintiff in an action of assumpsit instituted by Attaway McKinnon against William Augustus Lewis and Edward Clay Lewis, co-partners under the firm name and style of W. A. & E. C. Lewis, which cannot be considered a judgment in the instant case.
The transcript failing to show any final judgment having been rendered in the action, there is nothing to support the writ of error and it must be dismissed.
All concur, except Cockrell, J., absent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State of Ohio ex rel. Samuel H. Squire v. Nannie L. Comstock and her Husband, 146 Fla. 628 (Fla. 1941)…not a final judgment, nor an order granting a new trial, there is no authority for review by writ of error. Therefore, the. writ of error herein is hereby dismissed. Bagdad Land & Lumber Co. v. Boyette, 103 Fla. 898, 138 So. 383; McKinnon v. Lewis, 72 Fla. 25, 72 So. 370. Brown, C. J., Whitfield, Buford, Chapman and Adams, J. J., concur.…
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Bagdad Land & Lumber Co. v. Boyette, 104 Fla. 696 (Fla. 1931)…carried by a writ of error to the appellate court for review fails to show a final judgment in the cause, such writ of error will be dismissed by the court ex proprio motu. Louisville & N. R. Co. v. Berry, 58 Fla. 299, 50 So. 414; McKinnon v. Lewis, 72 Fla. 25, 72 So. 370; Wiggins vs. Sylvester, supra. There being no final judgment in the transcript, the writ of error is dismissed. Per Curiamd —The record in this cause having been considered by the court, and the foregoing opinion prepared under Chapte…
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Attaway McKinnon v. Amos E. Lewis, 73 Fla. 817 (Fla. 1917)…Per Curiam. A former writ of error herein was dismissed, no final judgment being shown. McKinnon v. Lewis, 72 Fla. 25, 72 South. Rep. 370. Subsequently a final judgment for the defendants was rendered and the plaintiff took writ of error to such final judgment. The action is in ejectment and trial was had on a plea of not guilty. Section 1969 of the General Statu…
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