Blanton v. West Coast Ry. Co.

• Decision Date: 21 December 1909
• Parties: BLANTON v. WEST COAST RY. CO.
• Court: Florida Supreme Court

50 So. 945

58 Fla. 169

BLANTON v. WEST COAST RY. CO.

Florida Supreme Court

December 21, 1909

In Banc. Error to Circuit Court, Taylor County; B. H. Palmer, Judge.

Action by B. P. Blanton against the West Coast Railway Company. Verdict for defendant, and plaintiff brings error. Dismissed.

Syllabus by the Court

SYLLABUS

Under the statutes of this state (Gen. St. 1906, ss 1691, 1695) 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.'

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 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.

COUNSEL L. W. Blanton, Hardee & Rowe, and W. B. Davis, for plaintiff in error.

Hendry & McKinnon and L. W. Branch, for defendant in error.

OPINION

WHITFIELD, C.J.

In an action brought in the circuit court for Taylor county by the plaintiff in error against the West Coast Railway 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, Gen. St. 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, anl 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 So. 695, and authorities cited.

Writ of error dismissed. All concur.