Citation Numbers: 75 Fla. 85
Judges: Browne, Ellis, Taylor, West, Whitfield
Filed Date: 1/17/1918
Status: Precedential
Modified Date: 9/22/2021
Defendant in error presents an affi
There is also attached three pages of what purports to be -testimony as referred to in the affidavit and in the certificate.of the judge. If these papers may be regarded as an application for a certiorari in diminution proceedings, they are insufficient since it is not shown that the transscript on file here is not a correct copy of the record in the Circuit Court.
A bill of exceptions is authenticated by the trial judge and it cannot be amended by certiorari in the appellate court. See Glaser v. Hackett, 38 Fla. 84, 20 South. Rep. 820; Mizell v. Travelers’ Ins. Co., 40 Fla. 148, 24 South. Rep. 148; Weeks v. Hays, 55 Fla. 370, 45 South. Rep. 987.
If a bill of exceptions is subject to amendment, such amendment should be made in the trial court. If an amendment to a bill of exceptions becomes a part thereof and a part of the record in the cause and it is erroneously omitted from the transcript brought to the appellate court on writ of error, the rule provides for perfecting the transcript, here by appropriate and timely .proceedings
If the testimony referred to is material to the issues in the cause here on writ of error, and it may by proper amendment be incorporated in the record as a part of the original bill of exceptions in the cause, it should be made a part of the record in the trial court before proceedings under Rule 14 are had.
The application now made is denied.