Mitchell v. St. Petersburg & Gulf Railway Co.

Citations

• 56 Fla. 497

Syllabus

<p>Appellate practice — There must be a final judgment to. support A WRIT OF ERROR.</p> <p>On the trial of an action for personal injury the verdict was: “We the jury find the defendant not guilty, so say we all.” Upon this verdict the following judgment was entered: “Whereupon it is ordered that the defendant be acquitted and that the defendant do have and recover of the plaintiff its costs in this behalf expended to be taxed by the Clerk.” Held, that this is not such a final judgment as will support a writ of error therefrom to this court. A judgment for costs alone, the merits not being adjudicated, though entered for defendant after the jury have found a verdict in his favor, is not such final judgment as will support a writ of error.</p>