T. R. MARTIN, PLAINTIFF IN ERROR,
v.
CLARE C. HOSMER, DEFENDANT IN ERROR
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.
The Florida Supreme Court dismissed a writ of error because the appellate record lacked a final judgment, which is a prerequisite for appellate review. The court emphasized that appellate courts cannot review cases without a proper record of the lower court's final decision.
No, an appellate court cannot review a case if the record proper does not contain a final judgment. A writ of error will be dismissed sua sponte by the appellate court in such circumstances.
“When no final judgment appears in the record proper, the writ of error will be dismissed by the appellate court sua sponte.”
This quote establishes the core legal principle that a final judgment is necessary for appellate review.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceClare C. Hosmer sued T. R. Martin in assumpsit. The defendant, Martin, made a motion for a new trial, which the court overruled. Martin then took a wr…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Bill Of Exceptions cases and more on FLexlaw
Ellis, J.
Clare C. Hosmer brought an action in the Circuit Court for Sarasota County against T. R. Martin in assumpsit. The declaration contained five common law counts to which the defendant interposed two pleas, one appropriate to the action and the other not.
There was a trial but the record contains neither verdict nor judgment. It discloses that a motion for a new. trial was made by the defendant and the court overruled it. Thereupon the defendant took a writ of error. When no final judgment appears in the record proper, the writ of error will be dismissed by the appellate court sua sponte. See Flournoy v. Interstate Elec. Co., 61 Fla. 214, 55 So. R. 983; Strouse v. Hall, 62 Fla. 394, 56 So. R. 946; Zaring v. Humphreys, 68 Fla. 6, 65 So. R. 665.
Neither the record proper nor the bill of exceptions discloses either verdict or judgment so the writ of error is dismissed. It is so ordered.
Terrell, C. J., and Brown, J., concur. Whitfield, P. J., and Strum and Buford, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wm. W. Flournoy v. Interstate Elec. Co., 61 Fla. 214 (Fla. 1911)
- C. W. Zaring & Co. v. Humphreys, 68 Fla. 6 (Fla. 1914)
- Strouse & Bros. v. Hall, 62 Fla. 394 (Fla. 1911)