73 Fla. 692 | Fla. | 1917
The defendant in error hereinafter referred to as the plaintiff brought suit in assümpsit upon an open account for goods sold and delivered, in the Circuit Court of Okaloosa County against the plaintiff in error as defendant belo-w.
On ’the Rule Day next succeeding the filing of the plaintiff’s declaration the defendant moved before the
On April 3rd, 1916, the defendant again moved before the Clerk, without notice to the plaintiff, for another or second order dismissing- the cause on the same ground as the first motion for that purpose, vis-, because the plaintiff had failed to serve a copy of his cause of action on the defendant or his attorney ten days before the. Rule Day in April, 1916. This motion the Clerk again granted on ex parte affidavits of the defendant and his counsel, and again entered a second order dismissing said cause. This second order of dismissal the plaintiff after due notice to defendant’s counsel moved the court to vacaté and to reinstate said cause, and for a default judgment for the defendant’s failure to plead at the time fixed by the court in its former order. This motion the court granted, reinstating said cause, and awarding to the plaintiff a judgment by default as of the Rule Day in April, 1916, and ordered the Clerk to take proofs of the plaintiff’s claim sued on and to enter final judgment thereon as of the Rule Day in April, 1916. This order the Clerk complied with by entering final judgment as of the Rule Day in April, 1916. Thereafter the defendant moved the court
All of these orders by the court adverse to the defendant are assigned as error. We fail to find reversible error in any of these orders by the court below. They all involved matters that were within the sound judicial discretion of the. Circuit Judg'e to grant or refuse to grant as he saw proper, and we cannot see that in any of the said rulings he has abused his discretion in such sort' as to justify this court in adjudging- it to be reversible error. The judgment below is, therefore, hereby affirmed at the cost of the plaintiff in error.
Browne, C. Ji, and Shackleford, Whitfield and Ellis, JJ., concur.