BOARD OF COMMISSIONERS OF STATE INSTITUTIONS, A CONSTITUTIONAL GOVERNMENTAL AGENCY OF THE STATE OF FLORIDA, PETITIONER,
v.
THE TALLAHASSEE BANK & TRUST COMPANY, AS ADMINISTRATOR CUM TESTAMENTO ANNEXO, ESTATE OF JOHN G. RILEY, DECEASED; WINIFRED LIVELY WESSON, CAROLINE LIVELY CARRAWAY, AND EMILY G. LIVELY, TRUSTEES OF THE CHURCH OF GOD, A FLORIDA CORPORATION, HYMAN MYERS, AND CITY OF TALLAHASSEE, A MUNICIPAL CORPORATION, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Board of Commissioners of State Institutions sought review of a trial judge's pretrial evidentiary ruling in a condemnation proceeding regarding the admissibility of land value evidence. The Florida District Court of Appeal held that interlocutory appeals of pretrial conference orders are improper and denied the petition, finding that appellate courts should not intervene in trial proceedings before final judgment.
Interlocutory pretrial conference orders are not subject to appellate review before final judgment. Appellate courts lack proper jurisdiction to review such orders and should not intervene in trial proceedings until after a final judgment is entered, at which time any claimed irregularities may be addressed on appeal.
“In the orderly process for the administration of justice appellate courts should cautiously avoid intrusion and encroachment upon the trial jurisdiction of the circuit court. It is not the function of an appellate court to inject itself into the middle of a lawsuit and undertake to direct the trial-judge in the conduct of the case.”
Establishes the fundamental principle that appellate courts must not interfere with ongoing trial proceedings and must respect the trial court's jurisdiction.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Board of Commissioners of State Institutions filed an appeal challenging a pretrial order by the trial judge that determined the admissibility of …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Constitutional Writ cases and more on FLexlaw
Petitioner, Board of Commissioners of State Institutions, has filed a notice of appeal seeking review of an order of the trial judge by which he determined at a pretrial hearing the admissibility of a type of evidence as to land value in a condemnation proceeding which has been set for trial on February 12, 1958.
The matter is now before us on petitioner’s application for a constitutional writ or an alternative motion for stay or superse-deas requesting us to halt the forthcoming trial until we dispose of the appeal.
This cause has previously been before this Court and reference may be had to our earlier opinion which reflects the background of the situation. Board of Commissioners of State Institutions v. Tallahassee Bank & Trust Co., Fla.App., 67 So.2d 100.
A careful study of the order under assault convinces us that it is nothing more than an interlocutory pre-trial order governing aspects of evidence as to value that will be allowed to go to the jury when the case is tried. The order here is in no respect similar to the order considered in Howard Johnson, Inc., of Fla. v. State Road Department of Florida, Fla.1956, 90 So.2d 306.
It appears to us that if the instant order is subject to review by interlocutory appeal, which we consider the present appeal to be, then by direct analogy every pre-trial conference order entered by every Circuit Judge in every law action in Florida would be subject to interlocutory review before final judgment. Such would be contrary to all of our precedents on the subject and is not supported by applicable rules. Rule 4.2, Florida Appellate Rules-. In the orderly process for the administration of justice appellate courts should cautiously avoid intrusion and encroachment upon the trial jurisdiction of the circuit court. It is not the function of an appellate court to inject itself into the middle of a lawsuit and undertake to direct the trial-judge in the conduct of the case.
No final judgment has yet been entered. If after the cause is tried and a final judgment is entered the petitioner-appellant then deems itself aggrieved by some irregularity in the proceeding, the time will be ripe to review the matter on appeal and correct the irregularity. Until that time arrives, however, this Court is not in a position to evaluate properly the correctness of the various interlocutory rulings of the trial judge.
The motion for a constitutional writ and a stay of proceedings below is, therefore, denied. This decision, however, is not to be construed as an affirmation of the orders heretofore entered by the trial judge *413nor shall it preclude the petitioner-appellant from raising the same questions on appeal after final judgment.
Motion denied.
STURGIS, C. J., and THORNAL and ROWE, R. H., A. JJ., concur.
WIGGINTON, J., recused ex mero motu.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
The Pullman Co. v. Fleishel, 101 So. 2d 188 (Fla. 1st DCA 1958)…e Rules. . Rule 4.2, Florida Appellate Rules. .Boucher v. Pure Oil Company, Fla.App., 101 So. 2d 408. . Patten v. Daoud, 152 Fla. 448, 12 So. 2d 299. . Board Of Commissioners Of State Institutions v. Tallahassee Bank And Trust Company, Fla.App., 101 So. 2d 411.…
-
Bd. OF Comm'rs OF State Insts. v. Tallahassee Bank & Tr. Co. cum testamento annexo, 108 So. 2d 74 (Fla. 1st DCA 1958)…sting municipal zoning ordinance. In its preliminary stages this cause has been before this court on two prior occasions. Board of Commissioners of State Institutions v. Tallahassee Bank and Trust Company, Fla.App.1958, 100 So. 2d 67; Fla.App.1958, 101 So. 2d 411; certiorari denied without opinion by Supreme Court, Fla.1958, 101 So. 2d 817. Appellant Board of Commissioners of State Institutions hereinafter referred to as the “State Board” is an agency of the state government created by constitutional provis…1 / 3
-
Girten v. Bouvier, 155 So. 2d 745 (Fla. 2d DCA 1963)…that an appellate court should exercise caution, lest it intrude upon the trial jurisdiction of the court whose order is challenged. As the court observed in Board of Commissioners of State Institutions v. Tallahassee Bank & Trust Co., Fla.App.1958, 101 So. 2d 411, 412, “It is not the function of an appellate court to inject itself into the middle of a lawsuit and undertake to direct the trial judge in the conduct of the case.” This is consonant with the comment made by the Florida Supreme Court in Charles Sa…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Howard Johnson, Inc. v. State Rd. Dep't OF Fla., 90 So. 2d 306 (Fla. 1956)