Supreme Court of Florida, 1931

American Soda Fountain Co. v. Plaza Marina, Inc.

Supreme Court of Florida · Decided August 7, 1931 · Buford, Whitfield, Terrell, Brown, Davis

136 So. 469; 102 Fla. 877 (Southern Reporter)

Cases that cite this one

1 later published case cites this decision.

Miller v. Nelson (Fla. Dist. Ct. App. 1989)

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

Per Curiam.

— T’he writ of error in this case is addressed to a judgment for cost only after verdict in favor of de' fendant.

In Hall vs. Patterson, 45 Fla. 353, 33 Sou. 982, and in C. W. Earing & Co. vs. A. Lee Humphress, 68 Fla. 6, 65 Sou. 665, it was held:

“A judgment for costs alone, the merits not being adjudicated, though entered for defendant after the jury have found a verdict in his favor, is not such final judgment as will support a writ of error.”

The writ of error should be dismissed. It is so ordered.

Dismissed.

Buford, C.J., and Whitfield, Terrell, Brown and Davis, J.J., concur.

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