Martin v. Hosmer

Clare C. Hosmer brought an action in the Circuit Court for Sarasota County against T. R. Martin in assumpsit. The declaration contained five common law counts to which the defendant interposed two pleas, one appropriate to the action and the other not.

There was a trial but the record contains neither verdict nor judgment. It discloses that a motion for a new. trial was made by the defendant and the court overruled it. Thereupon the defendant took a writ of error. When no final judgment appears in the record proper, the writ of error will be dismissed by the appellate court sua sponte. See…