Legal Opinion

American Soda Fountain Co. v. Plaza Marina, Inc.

Supreme Court of Florida

Decided August 7, 1931PublishedCited by 1 opinion

1Per curiam

— T’he writ of error in this case is addressed to a judgment for cost only after verdict in favor of de' fendant.

In Hall vs. Patterson, 45 Fla. 353, 33 Sou. 982, and in C. W. Earing & Co. vs. A. Lee Humphress, 68 Fla. 6, 65 Sou. 665, it was held:

“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.”

The writ of error should be dismissed. It is so ordered.

Dismissed.

Buford, C.J., and Whitfield, Terrell, Brown and Davis, J.J., concur.

2Cases cited2 opinions

  1. Hall v. PattersonSupreme Court of Florida · 1903
  2. C. W. Zaring & Co. v. HumphreysSupreme Court of Florida · 1914

3Cited by1 opinion

  1. Miller v. NelsonDistrict Court of Appeal of Florida · 1989