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

Supreme Court of Florida
American Soda Fountain Co. v. Plaza Marina, Inc., 136 So. 469 (Fla. 1931)
102 Fla. 877
Buford, Whitfield, Terrell, Brown, Davis

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

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.

Reference

Full Case Name
American Soda Fountain Company, Plaintiff in Error, vs. Plaza Marina, Inc., a Corporation, Defendant in Error
Cited By
1 case
Status
Published