Whitaker v. Wright, (1929)
Court: Supreme Court of Florida
Number:
Visitors: 19
Judges: BUFORD, J. —
Attorneys: Anderson Lewis, for Plaintiff in Error;
W. G. Ramseur, for Defendant in Error.
Filed: Sep. 27, 1929
Latest Update: Mar. 02, 2020
Summary: In this case there was a motion to dismiss the writ of error. The writ of error is sued out to an order vacating and setting aside an order of non-suit and reinstating the case *Page 501 on the docket. The plaintiff in error contends that such order vacating and setting aside the order of non-suit and reinstating the cause on the docket is a final judgment to which writ of error will lie. The motion to dismiss is upon the ground that the writ of error is not sued out to a final judgment. The res
Summary: In this case there was a motion to dismiss the writ of error. The writ of error is sued out to an order vacating and setting aside an order of non-suit and reinstating the case *Page 501 on the docket. The plaintiff in error contends that such order vacating and setting aside the order of non-suit and reinstating the cause on the docket is a final judgment to which writ of error will lie. The motion to dismiss is upon the ground that the writ of error is not sued out to a final judgment. The resu..
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The judgment of non-suit in this case was not such as would have supported a writ of error, under the holding in Goldring v. Reid, 60 Fla. 78, 53 So. R. 503. It merely granted and ordered a non-suit — no more. Therefore, the order setting it aside and reinstating the case on the docket was not such a final judgment as would support writ of error.
Source: CourtListener
