City of Miami v. Murphy

PEARSON, TILLMAN, Chief Judge.

The appellee has moved to dismiss this appeal upon the ground that the appellant, plaintiff in the trial court, has not paid the costs taxed against it and has not assigned as error the taxation of costs and superseded the judgment taxing the same.1

This case involves the application of the rule to unusual circumstances and we have determined that an opinion is appropriate upon this Order Granting Motion to Dismiss.

The appellant, City of Miami, was the plaintiff in an action in the Civil Court of Record, wherein the city sought to recover from the appellee Lillian…