Downing v. Weaver-loughridge Lumber Co.

• Citation: 94 Fla. 1096,114 So. 666
• Parties: DOWNING v. WEAVER-LOUGHRIDGE LUMBER CO.
• Decision Date: 13 December 1927
• Court: United States State Supreme Court of Florida

114 So. 666

94 Fla. 1096

DOWNING v. WEAVER-LOUGHRIDGE LUMBER CO.

Florida Supreme Court

December 13, 1927

Error to Circuit Court, Taylor County; Hal W. Adams, Judge.

Action by B. P. Downing against the Weaver-Longbridge Lumber Company. Judgment of nonsuit and plaintiff brings error.

Writ of error dismissed.

Syllabus by the Court

SYLLABUS

Recitation in record and bill of exceptions that nonsuit was granted held not sufficient 'order' or 'judgment' for writ of error (Rev. Gen. St. 1920, § 2907). The mere recitation that 'the plaintiff, hearing that the court would grant said motion, asked to take a nonsuit, and the same was granted,' contained in the record proper and in the bill of exceptions, is not a sufficient order or judgment to constitute the basis for writ of error as contemplated under the provisions of section 2907, Revised General Statutes of Florida. [Ed. Note.--For other definitions, see Words and Phrases, First and Second Series. Judgment (In law); Order (In Practice).]

COUNSEL

[DOWNING V WEAVER-LOUGHRIDGE LUMBER CO 114 So. 666(1927)] Davis & Pepper, of Perry, for plaintiff in error.

Marks Marks & Holt, of Jacksonville, and Wm. T. Hendry, of Perry for defendant in error.

OPINION

PER CURIAM.

In this case the writ of error must be dismissed because the record fails to show a final disposition of the cause in the circuit court.

The record discloses that during the progress of the trial, when all evidence had been submitted, the defendant filed a motion for an instructed verdict in favor of the defendant. The bill of exceptions contains the following recitation immediately after the motion for an instructed verdict:

'After hearing the arguments upon the above motion of the defendant, the court announced that it would grant the said motion. Thereupon the plaintiff, hearing that the court would grant said motion, asked to take a nonsuit, and the same was granted.'

The record fails to show any further disposition of the matter. It contains no judgment of nonsuit; nor does it contain any order dismissing the cause.

The mere recitation that 'the plaintiff, hearing that the court would grant said motion, asked to take a nonsuit, and the same was granted,' contained in the record proper and in the bill of exceptions, is not a sufficient order or judgment to constitute the basis for writ of error as contemplated under the provisions of section 2907, Revised General...