Lasseter v. Zapf
Lasseter v. Zapf
Opinion of the Court
A writ of error was taken to an order made by the Judge of the Seventh Judicial Circuit in vacation denying a motion to strike from the records of the court a judgment asserted in the motion to be void. The only error assigned is the order denying the motion:
Where the bill of exceptions appearing in a transcript of the record has not been duly authenticated by the trial judge as required by the rules of court it will upon motion, be stricken from the record of the appellate court; and in such case, if there is in the remaining record no other question or matter assigned, presented or urged as error except such as can be presented or considered only through a proper bill of exceptions, the judgment will be affirmed. Horn v. State, 40 Fla. 472, 24 South. Rep. 147; Florida Cent. & P. R. Co. v. St. Clair-Abrams, 35 Fla. 514, 17 South. Rep. 639; Bardwell v. State, 49 Fla. 1, 38 South. Rep. 511.
As the only error assigned cannot be considered without a proper bill of exceptions and as there is no such bill in the transcript the order to which the writ of error issued is affirmed.
Reference
- Full Case Name
- B. F. Lasseter and E. J. Lasseter, partners, as B. F. Lasseter & Company, in Error v. Joseph Zapf, in Error
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. A motion to strike from the records of the trial court a judgment asserted in the motion to be void, together with the order made upon the motion and the exception taken, should be presented to the appellate court for review by a duly authenticated bill of exceptions. 2. Where an order is made in vacation denying a motion to strike from the records a judgment, and the bill of exceptions taken is not authenticated by the judge at the time the order is made and no special order is then made extending the time for authenticating the bill of exceptions as required by Rule 97 of the Circuit Court Rules, a motion to strike the bill of exceptions will be granted. 3. Where the bill of exceptions contained in a transcript of the record is stricken and there remains in the record no other question or matter assigned, presented or urged as error except such as can be presented or considered only through a proper bill of exceptions duly authenticated, the judgment will be affirmed.