Stuart v. Butts
| Decision Date | 12 January 1920 |
| Citation | 78 Fla. 657,83 So. 606 |
| Parties | STUART et al. v. BUTTS. |
| Court | Florida Supreme Court |
Error to Circuit Court, Manatee County; O. K. Reaves, Judge.
Action by O. L. Stuart and L. E. Strauss, doing business under the firm name of Stuart & Strauss, against Ida M. Butts. Final judgment for plaintiffs by default, and from an order vacating and setting aside the judgment and an order amendatory thereto, plaintiffs bring error. Writ of error dismissed.
Syllabus by the Court
It is expressly provided by section 1691, General Statutes of 1906 Id., Compiled Laws of Florida, that 'writs of error shall lie only from final judgments,' except in certain designated cases.
An order of a circuit judge, vacating and setting aside a default and final judgment and allowing the defendant further time in which to plead, simply opens up the case for further proceedings, and is not a 'final judgment' from which writ of error may be taken.
COUNSEL Chas. T. Curry, of Bradentown, for plaintiffs in error.
John B Singeltary, of Bradentown, for defendant in error.
This is an action at law with ancillary attachment, brought in the circuit court for Manatee county on the 27th day of May 1916.
After various proceedings were taken in the case the trial court overruled a demurrer of defendant to the first count and made certain other orders with respect to the remainder of the declaration. No further pleadings were filed in the case, and the clerk of the court, upon praecipe of the attorney for plaintiffs, on the 7th day of January, 1918, entered a default judgment against the defendant. Thereafter, on the 24th day of January, 1918, upon praecipe of counsel and affidavits and proofs filed therewith, a final judgment was entered against the defendant and in favor of the plaintiffs.
On the 19th day of February, 1918, a motion with affidavits and proofs was made and filed by the attorney for the defendant to vacate and set aside the default and final judgment. And thereafter, on the 2d day of March, 1918, this motion was granted, and said default and final judgment were thereby vacated and set aside, and defendant was given further time in which to plead.
At the time this order was made the court, upon the motion of defendant filed on November 28, 1917, incorporated into it an order directing that certain information therein requested by the defendant be supplied by plaintiffs within a given time. Three days later this part of the order was amended by the court, but in particulars not necessary to be mentioned here. The writ of error is from the order of the court vacating and...
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Business Finders, Inc. v. Winston, 60-9
...directed to an order permitting the opening of a default judgment upon stated conditions. Such an order is not appealable. Stuart v. Butts, 78 Fla. 657, 83 So. 606. The court has, pursuant to § 59.45, Fla.Stat., F.S.A., considered the appeal as a petition for writ of certiorari. A review of......
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Milton Land & Inv. Co. v. Our Home Life Ins. Co.
...of error was taken by the plaintiff below to the order above quoted vacating the judgment on grounds that it is void. In Stuart v. Butts, 78 Fla. 657, 83 So. 606, it was that---- 'An order of a circuit judge vacating and setting aside a default and final judgment and allowing the defendant ......