Vitale v. Checker Cab Co.

ON MOTION TO DISMISS

WESTERFIELD, J.

Plaintiff has appealed suspensively from a judgment on a rule to tax costs. Defendant moves to dismiss upon the ground that the amount is below the jurisdiction of this court, and the judgment on rule inseparable from the judgment upon the main demand, from which only a devolutive, and not a suspensive appeal, was taken.

The appeal must be dismissed. A judgment upon a rule to tax Costs is not a final judgment. Morries vs. Zeller, 4th Orl. App. 411. It is interlocutory and forms part of the original judgment. It need not be signed. Norries vs. Zeller (supra).

Ir…