THE STATE OF FLORIDA EX REL. E. P. MARTIN, PLAINTIFF IN ERROR,
v.
BOARD OF COUNTY COMMISSIONERS OF HILLSBOROUGH COUNTY, FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court dismissed an appeal from an order dismissing a writ of mandamus, holding that appeals in mandamus proceedings must be by writ of error, not by entry of appeal, unless otherwise provided by law.
No, an appellate court does not have jurisdiction via an entry of appeal in a mandamus proceeding. A writ of error is required unless otherwise expressly provided by law.
“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.”
This quote states the general rule for appellate review of legal proceedings in Florida.
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Join FLexlaw to unlock all legal intelligenceAn appeal was taken from an order that dismissed an alternative writ of mandamus. The appellant filed an appeal, and the opposing parties appeared. Ho…
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Per Curiam.
An appeal was taken from an order dismissing an alternative writ of mandamus.
The statute provides that “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. 1690 Gen. Stats. 1906, Compiled Laws, 1914. -
Mandamus is a proceeding at,,law, and there, is no express provision that a review thereof by an appellate court may be had except by writ of error, or perhaps in exceptional cases by certiorari.
The entry of an appeal is not authorized by law and does not give the appellate court jurisdiction of the subject matter in mandamus proceedings, though the oppos ing parties have appeared; and' as it does not appear that a writ of error was duly issued in the cause, the appeal and the cause are dismissed.
Browne, O. J. and Taylor, Whitfield, Ellis and West, J. J., concur.
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Damguard v. Tunnicliffe, 96 Fla. 347 (Fla. 1928)…s applicable only to chancery causes, and it not effective to invest this Court with appellate jurisdiction of either the subject matter of or the parties to a common law action. State ex rel. Martin v. Board of Commissioners of Hillsborough County, 80 Fla. 332, 86 So. R. 206; Hagan v. State ex rel. Williams, 85 Fla. 27, 95 So. R. 617. A general appearance of the pax’ties in this Court does not cure the lack of jurisdiction of the subject matter, nor will Chap. 11890, Acts of 1927, avail to remedy the mat…