Strong v. City of Winter Park

• Decision Date: 09 June 1934
• Citation: 155 So. 652,115 Fla. 228
• Parties: STRONG v. CITY OF WINTER PARK.
• Court: Florida Supreme Court

155 So. 652

115 Fla. 228

STRONG v. CITY OF WINTER PARK.

Florida Supreme Court

June 9, 1934

Action of assumpsit between City of Winter Park, a municipal corporation, and Hope Strong. To review an adverse judgment, first-named party brings error.

Writ of error dismissed.

Appeal from Circuit Court, Orange County; Frank A. Smith, judge.

COUNSEL

George P. Garrett, of Orlando, for plaintiff in error.

W. E. Winderweedle, of Orlando, for defendant in error.

OPINION

PER CURIAM.

A bill of exceptions taken in an action of assumpsit states that:

'After having heard testimony for Plaintiff counsel for Plaintiff announced 'Rest.' Thereupon counsel for defendant moved for a directed verdict for defendant. After argument of counsel the Court indicated he would grant the motion. Whereupon counsel for plaintiff announced that plaintiff elected to take a 'Non-Suit,' and asked 90 days to prepare Bill of Exceptions, and it was so ordered by the Court.'

No judgment appears in the record; therefore the writ of error must be dismissed. Mizell Live Stock Co. v. McCaskill, 57 Fla. 118, 49 So. 501; Downing v. Weaver-Loughridge Lumber Co., 94 Fla. 1096, 114 So. 666. As to form of judgment on nonsuit, see Spiker v. Hester, 101 Fla. 288, 133 So. 872, 135 So. 502.

Writ of error dismissed.

DAVIS, C.J., and WHITFIELD, TERRELL, and BUFORD, JJ., concur.