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Supreme Court of Florida
July 27, 1933; Rehearing Denied September 15, 1933
[NO DOCKET NUMBER]
[*557] [**653] WHITFIELD, P. J. -- In an action brought in the Civil Court of Record for Duval county on a fire insurance policy, verdict was rendered for the plaintiff, -- for damages, $ 2,500.00; interest, $ 133.28; attorney fees, $ 400.00. A new trial was granted and the plaintiff took writ of error to the circuit court. That court made an order that the "judgment of the lower court in granting a new trial to the defendant [*558] is reversed and the cause is remanded with instructions to enter a judgment for the plaintiff upon the verdict, less the amount of $ 133.28 which as been remitted."
On a writ of certiorari issued by this Court it is contended first that the circuit court had no jurisdiction to review on writ of error the order of the Civil Court of Record granting a new trial.
The statutes provide:
] "Upon the entry of an order granting a new trial at law, the party aggrieved by such order may, without waiting for a final [***2] judgment in the cause, prosecute a writ of error to the proper appellate court, which shall review the said order, and if the cause be reversed, shall direct final judgment to be entered in the court below, for the party who had obtained the verdict in the court below, unless a motion in arrest of judgment, or for judgment non obstante verdicto, shall be made and prevail." Sec. 4615 (2905) C.G.L.
] "All proceedings to procure review by an appellate court of the proceedings of a lower court in cases at law shall be by writ of error, except in cases where certiorari or prohibition shall lie, or where it shall be otherwise expressly provided." Sec. 4605 (2900) C.G.L.
] "The Circuit Courts shall have appellate jurisdiction in all cases decided by the Civil Courts of Record, in the same manner and with the same limitations as now or hereafter prescribed as to appellate jurisdiction of cases in the County Court." Sec. 11, Chap. 8521, Acts 1921.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
111 Fla. 556 *; 149 So. 653 **; 1933 Fla. LEXIS 2033 ***
LAFAYETTE FIRE INSURANCE CO. v. LENORA DAVIS CAMNITZ, et al.
Prior History: [***1] A Writ of Certiorari to the Circuit Court for Duval County, Daniel A. Simmons, Judge.
civil court, new trial, cases, writ of error, circuit court, appellate jurisdiction, appellate court
Civil Procedure, Appeals, Appellate Jurisdiction, Final Judgment Rule, Criminal Law & Procedure, Trials, Entry of Judgments, State Court Review, Governments, Courts, Justice Courts, General Overview, Rule Application & Interpretation, Judgments, Relief From Judgments, Motions for New Trials, Jury Trials, Jury Instructions