Legal Opinion · Dissent

State Road Department v. Bramlett

District Court of Appeal of Florida

Decided January 12, 1965No. F-507Published

1DissentRawls, Judge

This record discloses that Plaintiff Road Department, which initiated the instant appeal, has failed to pay all costs accrued in and about this suit, and has failed to assign as error the assessment of such costs. The Road Department upon filing the instant declaration was irrevocably committed to paying the costs of these proceedings, including an attorney’s fee. By statutory and judicial authority this duty was imposed upon the clerk of the trial court, and at the trial stage of the proceeding, I do not envisage any error upon which appellee could predicate a complaint. However, by filing a…

2Cases cited2 opinions

  1. State v. RushingSupreme Court of Florida · 1879
  2. City of Miami v. MurphyDistrict Court of Appeal of Florida · 1961

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