Goldring v. Reid

Citations

• 60 Fla. 78

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 should not proceed to consider the errors assigned but should dismiss the writ of error whether a motion be made for that purpose or not, since, except in case of an order granti-g 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 merely that the plaintiff be and is non-suited is not such a final disposition of the action as will support a writ ' of error. The judgment should state that the action is dismissed, or that the defendant go hence without day, or that the plaintiff take nothing by the action, or other equivalent expressions adjudicating that the action as instituted is at an end.</p>