1 So. 2d 564 | Fla. | 1941
This writ of error is to review an order in the court below which reads as follows: "It is therefore, CONSIDERED, ORDERED AND ADJUDGED That the defendants' supplemental motion for an order dismissing this cause be and the same is hereby granted, and that this cause be and the same is hereby dismissed, at the cost of the plaintiff."
This order does not constitute a final judgment. The entry of the order does not make a final disposition of the case but is no more than an order upon which a formal final judgment that the plaintiff take nothing by his declaration and that the defendant recover his costs might be entered. Until there is an entry of a final judgment terminating the case, a writ of error will not lie to this court. Gates v. Haynor,
This case is to be differentiated from the case of Cook v. Cook,
As the order above quoted to which writ of error was taken is not a final judgment, nor an order granting a new trial, there is no authority for review by writ of error. Therefore, the writ of error herein is hereby dismissed. Bagdad Land Lumber Co. v. Boyette,
BROWN, C. J., WHITFIELD, BUFORD, CHAPMAN and ADAMS, J. J., concur.