J. A. Kidd and Southern Surety Company, a Corporation, Plaintiffs in Error v. City of Jacksonville, a Municipal… (Florida 1930)

Summary

The court partially granted and partially denied motions challenging the appellate record in a writ-of-error proceeding arising from a judgment on a bond. It held that documentary exhibits copied after the trial judge's authentication certificate were not sufficiently identified or incorporated into the bill of exceptions and therefore had to be stricken, but upheld the authenticated bill of exceptions and the testimony included in it. The court also rejected the argument that the statutory procedure for preparing testimony transcripts displaced existing appellate rules or violated separation of powers.

Holding

Whether the copied documentary exhibits were properly included in the appellate record.. Documentary exhibits copied into the transcript after the trial judge's authentication certificate must be stricken when the bill of exceptions and certificate do not sufficiently identify or incorporate them into the bill of exceptions and the exhibits were not otherwise transmitted as required.

Whether the bill of exceptions and its testimony portion were properly prepared and authenticated.. The motion to strike the bill of exceptions in its entirety and the portion containing testimony was denied because the trial judge had authority to settle and authenticate the bill after timely presentation, and the statutory use of a stenographer's transcript in question-and-answer form was authorized but not mandatory and did not displace existing appellate rules.

Summary

Holding

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