Supreme Court of Florida, 1931

Catchings v. Florida-McCracken Concrete Pipe Co.

Supreme Court of Florida · Decided June 6, 1931 · Whitfield, Terrell, Davis, Buford, Ellis, Brown

135 So. 561; 101 Fla. 792 (Southern Reporter)

Cases that cite this one

16 later published cases cite this decision.

New Venture of Destin, LLC, Becnel v. Silver Shells Property Owners Association, Inc., Korfonta (Fla. Dist. Ct. App. 2025)
Jackson v. Jackson (Fla. Dist. Ct. App. 2015)
Discount Fireworks of Central Florida, Inc. v. Sarasota County (Fla. Dist. Ct. App. 2006)
Lidsky Vaccaro & Montes, PA v. Morejon (Fla. Dist. Ct. App. 2002)
Monticello Ins. Co. v. Thompson (Fla. Dist. Ct. App. 1999)
City of Tallahassee v. Big Bend PBA (Fla. Dist. Ct. App. 1997)
Arcangeli v. Albertson's, Inc. (Fla. Dist. Ct. App. 1989)
Russell v. Russell (Fla. Dist. Ct. App. 1987)
Danford v. City of Rockledge (Fla. Dist. Ct. App. 1980)
Continental Insurance Co. v. EMPLOYERS'FIRE INS. CO. (Fla. Dist. Ct. App. 1974)
Bailey v. Allstate Insurance Co. (Fla. Dist. Ct. App. 1969)
Schwertfeger v. Constant (Fla. Dist. Ct. App. 1959)
Baker v. Colley (Fla. Dist. Ct. App. 1958)
Renard v. Kirkeby Hotels (Fla. Dist. Ct. App. 1958)
Elliott v. Lazar (Fla. Dist. Ct. App. 1958)
Allstate Ins. Co. v. Collier (Fla. Dist. Ct. App. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Whitfield, P.J.

A writ of error was taken to the following: “The Court having directed a verdict for Defendant herein on December 20th, and said Jury having returned a verdict for Defendant, judgment is hereby rendered herein for the Defendant above named.”

This may be regarded as an order that an appropriate judgment for the defendant be duly entered but it is not such a final judgment as will support a writ of error. The words, “judgment is hereby rendered herein for the defendant” are not the equivalent of words that the plaintiff “take nothing by his suit, and that the defendant go hence without day” or words of like legal import. See Pensacola B. & T. Co. v. N. B. of St. Petersburg, 58 Fla. 340, 50 So. 414; Milteer v. S. A. L. Ry Co., 65 Fla. 357, 61 So. 749; Young v. Lassiter et al., 87 Fla. 445, 100 So. 362; Flynn-Harris-Bullard Co. v. Hampton et al., 70 Fla. 231, 70 So. 385; Mitchell v. St. Petersburg & Gulf R. Co., 56 Fla. 497, 47 So. 794.

Dismissed.

Terrell and Davis, J.J., concur. Buford, C.J., and Ellis and Brown, J.J., concur in the opinion and judgment.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.