
    The Globe & Rutgers Fire Insurance Company, a Corporation, Plaintiff in Error, v. George Lewallen and Joseph A. O’Berry, Co-partners as Lewallen & Company, Defendants in Error.
    
    
      1. Where a cause is reached for final determination in regular order, and it appears that the certificate of the clerk necessary to give authenticity to the transcript of the record is fatally defective the writ of error or appeal will be dismissed.
    2. A certificate of the clerk to a transcript of the record brought to the Supreme Court on writ of error which merely states that the transcript contains a correct transcript of the record and a true and correct recital of all papers in the cause, is fatally defective. The rule requires the certificate to state that the transcript contains “a correct transcript of the record of the judgment" in the particular case, “and a true and correct recital and copy of” all the papers and proceedings, &c.
    This case was decided by the Court En Banc.
    Writ of Error to the Circuit Court for Hillsborough County.
    The facts in the case are stated in the opinion of the court.
    
      Axtell & Rinehart, for plaintiff in error.
    
      C. C. Whitaker and P. O. Knight, for defendants in error.
   Per Curiam:

This case was brought here by writ of error returnable to the 20th day 'of March, 1908, from the Circuit Court of Hillsborough County. Upon taking the same up for final adjudication the court finds that no .properly certified transcript of the record has ever been filed here in compliance with the rules. The certificate of the Circuit Court Clerk appended to wh'at purports to be a transcript asserts simply that it “contains a correct transcript of the record” * * * and that it contains “a true and correct recital of all such papers and proceedings in said cause” &c. The certificate fails to state that it contains a correct transcript of the record of the judgment; and fails to state that it contains a true and correct copy of all such papers'-and proceedings &c. and is therefore fatally deficient as an Authoritative certification to this court of the transcript of the record of the court below, and the said cause must, therefore be, and is hereby, dismissed at the cost of the plaintiff in error. Atkins v. Morgan, 50 Fla. 173, 39 South. Rep. 534; First Nat. Bank of Pensacola v. Oxford Lake Line, 45 Fla. 275, 34 South. Rep. 893; Burnham v. Driggers, 44 Fla. 168, 32 South. Rep. 796; Porter v. Ewing, 51 Fla. 265, 39 South. Rep. 993.

Parkhill, J.,

dissents for the reasons stated in his dissenting opinions in Porter v. Ewing, supra, and Dees et al. v. Cassels, 54 Fla. 485, 44 South. Rep. 1013.  