¶1This cause is presented upon motion to dismiss the writ of error herein which was sued out to a final judgment.
¶2The grounds of the motion are that all errors are predicated upon matters in pais and that such matters are not evidenced by a bill of exceptions.
¶3Several errors are assigned by plaintiff in error questioning the correctness of an order of the court below in vacating and setting aside an order of non-suit and reinstating of the cause on the trial docket.
¶4The order of non-suit and the order reinstating the cause are contained in the transcript. These orders are a part of the record proper. Poppell v. Culpepper, 56 Fla. 515, 47 So. R. 351.
¶5It was not necessary for defendant in error to have taken a non-suit in the court below. Circuit Court Rule 51; *691 Haile v. Mason Hotel Inv. Co., 71 Fla. 469, 71 So. R. 540. And no reason for dismissing the writ of error has been made to appear.
¶6Motion denied.