Carlson v. Ziehme

Citations

• 51 Fla. 226

Syllabus

<p>1. Where a cause is brought to this court on writ of error to a final judgment the record entry of the final judgment must be set forth in full in the transcript of the record proper in order that the court may determine if it is a final judgment.</p> <p>2. Where a writ of error is taken to a final judgment and the-transcript of the record proper fails to show any final judgment in the case, the writ of error will be dismissed.</p> <p>3. An order “that the plaintiff do recover judgment of the defendants and that the clerk upon the filing of the proper proofs do enter the same,” and a recital that “the plaintiff filed proofs and the clerk entered up judgment against the-defendants in favor of the plaintiff in the sum of $133.20 principal and $29.49 costs” do not severally or collectively constitute a final judgment to support a writ of error.</p>