Bell v. Niles

Citations

• 60 Fla. 31

Syllabus

<p>1. Where a writ of error purports to be taken to a final judgment and no such final judgment as will support a writ of error appears in the transcript, the court will not proceed to consider the errors assigned but will dismiss the writ of error whether a motion be made for that purpose or not, since, except in ease of an order granting a new trial under the statute, a writ of error may properly issue only to a judgment making a final disposition of the action in the trial court.</p> <p>2. A judgment that the plaintiff “have and recover of the defendant the sum of $ , its costs in this behalf expended,” is not a judgment finally disposing of the cause, and will not support a writ of error.</p>