Lasseter v. Zapf

Citations

• 57 Fla. 89

Syllabus

<p>1. A motion to strike from the records of the trial court a judgment asserted in the motion to be void, together with the order made upon the motion and the exception taken, should be presented to the appellate court for review by a duly authenticated bill of exceptions.</p> <p>2. Where an order is made in vacation denying a motion to strike from the records a judgment, and the bill of exceptions taken is not authenticated by the judge at the time the order is made and no special order is then made extending the time for authenticating the bill of exceptions as required by Rule 97 of the Circuit Court Rules, a motion to strike the bill of exceptions will be granted.</p> <p>3. Where the bill of exceptions contained in a transcript of the record is stricken and there remains in the record no other question or matter assigned, presented or urged as error except such as can be presented or considered only through a proper bill of exceptions duly authenticated, the judgment will be affirmed.</p>