Blanton v. West Coast Railway Co.

Supreme Court of Florida
Blanton v. West Coast Railway Co., 58 Fla. 169 (Fla. 1909)
Whitfield

Blanton v. West Coast Railway Co.

Opinion of the Court

Whitfield, C. J.

—In an action brought in the Circuit *170Court for Taylor County by the plaintiff-in error against the West Coast Eailway Company, a verdict was rendered for the defendant, but no judgment thereon appears in the transcript.

Under the statute of this State a writ of error lies only to a “final judgment” in an action at law or to “an order granting a new trial at law.” Sections 1691 and 1695, General Statutes 1906. There is no order granting a new trial and the writ of error purports to be from a judgment, but none appears in the transcript except perhaps a judgment for costs. When a writ of error is taken to a judgment in an action at law, and there is in the record proper no entry of a final judgment terminating or disposing of the action, the writ of error is improperly issued and will be dismissed. A judgment for costs alone, where the merits of the cause are not adjudicated, and the action is not terminated or disposed of, is not such a final judgment as will support a writ of error. Dexter v. Seaboard Air Line Ry., 52 Fla. 250, 42 South. Rep. 695, and authorities cited.

Writ of error dismissed.

All concur.

Reference

Full Case Name
B. P. Blanton, in Error v. The West Coast Railway Company, in Error
Cited By
5 cases
Status
Published
Syllabus
1. Under the statutes of this State a writ of error lies only to a “final judgment” in an action at law or to “an order granting a new trial at law.” 2. When a writ of error is taken to a judgment in an action at law, and there is in the transcript of the record proper no entry of a final judgment terminating or disposing of the action, the writ of error is improperly issued and will he dismissed. 8. A judgment for costs alone, where the merits of the cause are not adjudicated, and the action is not terminated or disposed of, is not such a final judgment as will support a writ of error.