FRANCES BOPP
v.
CITY OF MIAMI
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The Florida Supreme Court quashed a cross writ of error, holding that such a writ is not maintainable in advance of a final judgment when the original writ of error is directed to an order granting a new trial.
No, a cross writ of error is not maintainable in advance of a final judgment when the original writ of error is directed to an order granting a new trial.
“on writ of error to an order granting a new trial, a cross writ of error by the opposite party seeking to assign errors generally, is not maintainable and should be quashed.”
This quote states the legal principle applied by the court.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff below sued out a cross writ of error to an order granting her motion for a new trial. The original plaintiff in error had already sued o…
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— Plaintiff below sued out a cross writ of error to an order granting her motion for a new trial, and the plaintiff in error who had already sued out under Section 4615, C. G. L., 2905, R. G. S., an original writ of error to the same order, moves to dismiss or quash the cross writ of error as not being maintainable in advance of the entry of a final judgment in the cause.
In the case of Wolfe v. City of Miami, this day decided on the same point, it was held that on writ of error to an order granting a new trial, a cross writ of error by the opposite party seeking to assign errors generally, is not maintainable and should be quashed. On the authority of the holding in that case the cross writ of error in this case is accordingly quashed.
Cross writ of error quashed.
Davis, C. J., and Ellis and Terrell, J. J., concur.
Whitfield, P. J., and Buford, J., concur in the opinion and judgment.
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Irwin v. Gilson Realty Co., Inc., 117 Fla. 394 (Fla. 1934)…a motion means an application for a rule or order made viva voce to a court or judge, but the term is now generally em [*401] ployed with reference to all such applications, whether written or oral.” In the recent case of Diaz v. Parkland Estates, 154 So. 199, the opinion in which was, written by Mr. Chief Justice Davis, this Court said: Failure of a defendant to plead the suspension of the corporation plaintiff’s right to sue prior to entry of judgment in its favor, is immaterial, since the statute imp…1 / 3
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Am. Land Dev. Corp. v. Hillman, 138 So. 2d 756 (Fla. 2d DCA 1962)…7, 147 So. 860; Gray v. Central Florida Lumber Co., 104 Fla. 446, 140 So. 320, 141 So. 604; Christie v. Highland Waterfront Co., 114 Fla. 263, 153 So. 784; Irwin v. Gilson Realty Co., 117 Fla. 394, 158 So. 77; Diaz v. Parkland Estates, 114 Fla. 273, 154 So. 199; Burton v. Oliver Farm Equip. Sales Co., 121 Fla. 148, 163 So. 468] but serves to reinforce that opinion.” It is the view of this court that since the plaintiff corporation had complied with the statutory law of this state and had removed its delin…
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Empire Elec. Co. v. R. J. Hunt Constr. Co., Inc., 264 So. 2d 114 (Fla. 4th DCA 1972)…rt. Several early cases had occasion to construe provisions now substantially embraced in Section 608.-35 and have held that judgments secured by delinquent corporations are voidable rather than void. In Diaz v. Parkland Estates, 1934, 114 Fla. 273, 154 So. 199, 200, the Supreme Court of Florida stated: “Judgments rendered in favor of corporations whose right to maintain suits has been suspended by the force and effect of a default in compliance with chapter 14677 supra, are not absolutely null and void,…
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