Gray v. Mann

Decision Date04 June 1904
PartiesGRAY et al. v. MANN.
CourtFlorida Supreme Court

Error to Circuit Court, Santa Rosa County; Lucius J. Reeves, Judge.

Action by J. A. Gray and another, partners doing business as the Blackwater Lumber Company, against J. W. C. Mann. Judgment for defendant, and plaintiffs bring error. Dismissed.

Syllabus by the Court

SYLLABUS

1. A judgment for costs only, though following a general verdict for the defendant, will not support a writ of error.

COUNSEL Daniel Campbell & Son, for plaintiffs in error.

OPINION

PER CURIAM.

Following a general verdict for the defendant, a judgment was entered 45 Fla. ----, 33 So. 982; Haynes v. not support a writ of error. Hall v. Patterson, 45 Fla.353, 33 So. 982; Haynes v. Bramlett (Fla.) 35 So. 3; Birmingham Trust & Savings Co. v. Jackson County Mill Company (Fla.) 35 So. 877; Cobb v. County of Santa Rosa (Fla.) 36 So. 172. Writ dismissed.

TAYLOR, C.J., and HOCKER and COCKRELL, JJ., concur.

CARTER, P.J., and SHACKLEFORD and WHITFIELD, JJ., concur in the opinion.

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5 cases
  • Caufield v. Cantele
    • United States
    • Florida Supreme Court
    • December 19, 2002
    ...to the merits of the case, and, as such, are not final judgments in the sense of final judgments on the merits. See Gray v. Mann, 47 Fla. 162, 37 So. 161 (1904); Hall v. Patterson, 45 Fla. 353, 33 So. 982 (1903). Second, where a voluntary dismissal is granted and the court does not award th......
  • Dexter v. Seaboard Air Line Ry.
    • United States
    • Florida Supreme Court
    • December 21, 1906
    ...& Saving Co. v. Jackson County Mill Co., 46 Fla. 236, 35 So. 877; Cobb v. County of Santa Rosa, 47 Fla. 135, 36 So. 172; Gray v. Mann, 47 Fla. 162, 37 So. 161. entry here that 'it is upon consideration ordered, adjudged, and decreed by the court that the defendant, Seaboard Air Line Railway......
  • Craft v. Clarembeaux
    • United States
    • Florida District Court of Appeals
    • March 27, 1964
    ...collides with the well established principle that a cost determination alone will not support plenary appeal. E. g. Gray v. Mann, 1904, 47 Fla. 162, 37 So. 161. This latter rule, while not precluding appellate review of cost determinations, does circumscribe the context in which such review......
  • Mcgeachy v. Bush
    • United States
    • Florida Supreme Court
    • February 12, 1908
    ... ... 236, 35 So. 877; Haynes v ... Bramlett, 46 Fla. 348, 35 So. 3; Cobb v. County of ... Santa Rosa, 47 Fla. 135, 36 So. 172; Gray v ... Mann, 47 Fla. 162, 37 So. 161; Dexter v. Seaboard ... Air Line R. Co., 52 Fla. 250, 42 So. 695 ... It ... follows that the writ ... ...
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