AMERICAN SODA FOUNTAIN COMPANY, PLAINTIFF IN ERROR,
v.
PLAZA MARINA, INC., A CORPORATION, DEFENDANT IN ERROR
AMERICAN SODA FOUNTAIN COMPANY, PLAINTIFF IN ERROR,
PLAZA MARINA, INC., A CORPORATION, DEFENDANT IN ERROR
102 Fla. 877
Florida Supreme Court (1931)
Positive Treatment
Also reported at: 136 So. 469
Cited by 1 case
Opinion of the Court
— T’he writ of error in this case is addressed to a judgment for cost only after verdict in favor of de' fendant.
In Hall vs. Patterson, 45 Fla. 353, 33 Sou. 982, and in C. W. Earing & Co. vs. A. Lee Humphress, 68 Fla. 6, 65 Sou. 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Miller v. Hon. James T. Nelson, 550 So. 2d 1193 (Fla. 5th DCA 1989)…ate, 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 there is no finality to the judgment. Finality is attained by adjudication. T…1 / 2
Authorities Cited
- Callie Hall v. Patterson, 45 Fla. 353 (Fla. 1903)
- C. W. Zaring & Co. v. Humphreys, 68 Fla. 6 (Fla. 1914)