THE FIRST NATIONAL BANK OF LAKE CITY, A BANKING CORPORATION, PLAINTIFF IN ERROR,
v.
G. H. LANDRESS, DEFENDANT IN ERROR

Fla. | 1931-08-07
Buford, C.J., and Whitfield, Brown and Davis, J.J., concur., Ellis and Terrell, J.J., not participating.
102 Fla. 840 Florida Supreme Court (1931) Caution
Also reported at: 136 So. 469
Cited by 3 cases
Opinion of the Court
Per Curiam.

Per Curiam.

— -In this case there was a verdict for the defendant and thereupon a judgment was entered in favor of defendant for costs only.

In Hall vs. Patterson, 45 Fla. 353, 33 Sou. 982, 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.”

See also C. W. Zaring & Co. vs. Humphreys, 68 Fla. 6, 65 Sou. 665; American Soda Fountain Company vs. Plaza Marina, Inc., filed at this term of the Court.

The writ of error should be dismissed and it is so ordered.

Dismissed.

Buford, C.J., and Whitfield, Brown and Davis, J.J., concur.

Ellis and Terrell, J.J., not participating.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Miller v. Hon. James T. Nelson, 550 So. 2d 1193 (Fla. 5th DCA 1989)
    …dverse jury verdict. A jury verdict is not an appeal-able order. McGrew v. State, 508 So. 2d 727 (Fla. 5th DCA 1987). Likewise, a judgment awarding costs after a jury verdict is not an appealable order. First National Bank of Lake City v. Landress, 102 Fla. 840, 136 So. 469 (1931); American Soda Fountain Co. v. Plaza Marina, 102 Fla. 877, 136 So. 469 (1931); Hall v. Patterson, 45 Fla. 353, 33 So. 982 (1903). Costs are only an incident to a right which is adjudicated, and as such, can not be appealed where…
    1 / 2

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw