DARREL SMITH
v.
CALVIN PLATT
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The Florida Supreme Court affirmed a lower court's judgment in a contract dispute because the record lacked a properly authenticated bill of exceptions, rendering review impossible. The court emphasized that without such a bill, there is no basis to review the evidence or the trial court's decision.
No, a judgment cannot be reviewed on appeal if the record lacks a properly authenticated bill of exceptions, as this document is necessary to present the evidence and proceedings for appellate review.
“The record does not purport to contain a properly authenticated bill of exceptions, in the absence of which there is no basis on which the judgment below can be reviewed.”
This quote establishes the primary reason for the court's decision: the lack of a proper bill of exceptions prevents appellate review.
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Join FLexlaw to unlock all legal intelligenceThe case involved an action on a contract to barge cattle, resulting in a judgment for the plaintiff. The trial court denied a motion for a new trial …
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This writ of error is from a final judgment in an action on a contract to barge cattle. Judgment was for the plaintiff which was on motion for new trial reaffirmed on condition of entering a remittitur. Writ of error was prosecuted to that judgment.
Several questions are urged for our consideration but it conclusively appears from the record that the motion for new trial was denied on consideration of the evidence. The record does not purport to contain a properly authenticated bill of exceptions, in the absence of which there is no basis on which the judgment below can be reviewed. Tompkins v. Eason, 8 Fla. 14; Johnson v. Reynolds, 97 Fla. 591, 121 So. 793; Special Rules of Circuit Courts, One and Three; Allison v. Cox, 220 Ala. 624, 127 So. 192. It is accordingly affirmed.
Affirmed.
Ellis, C. J., and Brown and Buford, J. J., concur.
Mr. Justice Davis concurred in the foregoing opinion-.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Johnson v. Wilhelmina Reynolds, 97 Fla. 591 (Fla. 1929)
- Tompkins v. Needham W. Eason, 8 Fla. 14 (Fla. 1858)