State Ex Rel. Collins v. Rogers

190 So. 701, 139 Fla. 557, 1939 Fla. LEXIS 1702

Opinion

Per Curiam.

In mandamus proceedings the alternative writ was quáshed September 6, 1938. A writ of error was taken March 6, 1939, which was not “within six months from the date of” the order quashing the alternative writ. Sec. 4619 C. G. L. Simmons v. Hanne, 50 Fla. 267, 39 So. 77, 7 Ann. Cas. 322. The order quashing the alternative writ is not a final judgment. State ex rel. Rhodes v. Goodson, et al., Liberty County Commissioners, 65 Fla. 475, 62 So. 481.

The writ of error is dismissed.

Terrell, C. J., and Whitfield, Buford, Chapman and Thomas, J. J., concur. Justice Brown not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.