Williams v. Jacksonville, Tampa & Key West Railway Co.

Baney, C. J.:

Motion is made by the first named parties to vacate an order entered at the present term dismissing an appeal which had been taken by them, and to reinstate the cause upon our docket on filing a copy of the final judgment entered nuno pro tunc in the Circuit Court.

The appeal was dismissed because the transcript of the record did not show, nor had there in fact been, an entry of judgment of non-suit in the lower court. The correctness of this dismissal is beyond question. It appears now that *360since we dismissed the appeal Williams et al. have procured the entry of a judgment of…