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

136 So. 469, 102 Fla. 877

• Court: Supreme Court of Florida
• Decided: August 7, 1931
• Status: Published

Opinion

Per Curiam.

— 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.