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

Supreme Court of Florida, Division A
Aug 7, 1931
136 So. 469 (Fla. 1931)

Opinion

Opinion filed August 7, 1931.

A writ of error to the Circuit Court for Pinellas County; O. L. Dayton, Judge.

Dismissed.

B. M. Skelton and Moreland Maddox, for Plaintiff in Error;

No appearance for Defendant in Error.


The writ of error in this case is addressed to a judgment for cost only after verdict in favor of defendant.

In Hall vs. Patterson, 45 Fla. 353, 33 So. 982, and in C. W. Zaring Co. vs. A. Lee Humphress, 68 Fla. 6, 65 So. 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.


Summaries of

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

Supreme Court of Florida, Division A
Aug 7, 1931
136 So. 469 (Fla. 1931)
Case details for

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

Case Details

Full title:AMERICAN SODA FOUNTAIN COMPANY, Plaintiff in Error, vs. PLAZA MARINA…

Court:Supreme Court of Florida, Division A

Date published: Aug 7, 1931

Citations

136 So. 469 (Fla. 1931)
102 Fla. 877

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Miller v. Nelson

McGrew v. State, 508 So.2d 727 (Fla. 5th DCA 1987). Likewise, a judgment awarding costs after a jury verdict…