Whitaker v. Wright

127 So. 306, 99 Fla. 690

• Court: Supreme Court of Florida
• Decided: March 27, 1930
• Status: Published

Opinions

This cause is presented upon motion to dismiss the writ of error herein which was sued out to a final judgment.

The grounds of the motion are that all errors are predicated upon matters in pais and that such matters are not evidenced by a bill of exceptions.

Several errors are assigned by plaintiff in error questioning the correctness of an order of the court below in vacating and setting aside an order of non-suit and reinstating of the cause on the trial docket.

The order of non-suit and the order reinstating the cause are contained in the transcript. These orders are a part of the record proper. Poppell v. Culpepper, 56 Fla. 515, 47 So. R. 351.

It was not necessary for defendant in error to have taken a non-suit in the court below. Circuit Court Rule 51; Haile v. Mason Hotel Inv. Co., 71 Fla. 469, 71 So. R. 540. And no reason for dismissing the writ of error has been made to appear.

Motion denied.