Dexter v. Seaboard Air Line Railway

Citations

• 52 Fla. 250

Syllabus

<p>1. A judgment for costs alone, the merits of the cause not being therein adjudicated, though entered for the defendant after the jury have found a verdict in his favor, ’'s not such a final judgment as will support a writ of error.</p> <p>2. A judgment entry that “it is upon consideration ordered, adjudged and decreed that the defendant * * * do have and recover of and from the plaintiffs * * * the sum of nine and 64-jlOO dollars here taxed by the clerk of this court as its cost in this behalf expended and for which execution may issue” is simply a judgment for costs, and does not dispose of the cause, therefore, it is not a final judgment.</p> <p>3. Where no final judgment upon the merits of the cause in an action at law appears in the transcript of the record brought to the Supreme Court on writ of error to such a judgment, the writ of error will be dismissed at the cost of the plaintiff in error.</p>