STANLEY EUGENE DYER, APPELLANT,
v.
SAMMIE BATTLE, APPELLEE (TWO CASES)
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The Florida Supreme Court determined it lacked jurisdiction over interlocutory appeals concerning the validity of a state statute, as such appeals must be final judgments to be heard by the Supreme Court. The cases were re-transferred to the District Court of Appeal.
No, the Florida Supreme Court does not have jurisdiction over interlocutory appeals that are not final judgments, even if they involve the validity of a state statute.
“While it may be said that they pass upon the validity of a state statute, not being final judgments we do not have jurisdiction in the premises.”
This quote establishes the court's reasoning for declining jurisdiction based on the interlocutory nature of the appeals.
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Join FLexlaw to unlock all legal intelligenceTwo consolidated interlocutory appeals were transferred from the District Court of Appeal to the Florida Supreme Court. The appeals concerned orders f…
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These consolidated interlocutory appeals were transferred here from the District Court of Appeal, Second District. The appeals are from orders of the trial court abating one of the suits and denying a motion to dismiss the other. Both orders arise out of common law actions and are obviously interlocutory in nature. While it may be said that they pass upon the validity of a state statute, not being final judgments we do not have jurisdiction in the premises.
For the above reasons, these consolidated interlocutory appeals are re-transferred to the District Court of Appeal, Second District, for its determination of whether they relate to jurisdiction and venue, the only type of an interlocutory order in a common law action which the District Court would have jurisdiction to review.
It is so ordered.
DREW, C. J., and THOMAS, ROBERTS, THORNAL and O’CONNELL, JJ., concur.
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Jones v. Christina, 172 So. 2d 855 (Fla. 3d DCA 1965)…uctant to exercise jurisdiction on this appeal because the order is directly based upon the validity of a State statute. Because this is an interlocutory appeal we could not transfer it to the Supreme Court of Florida, see Dyer v. Battle, Fla. 1964, 165 So. 2d 766, which appears to require that an appeal of the type here involved be taken to the appropriate District Court and not to the Supreme Court. We have therefore proceeded here on this appeal and upon rendition of this decision, will certify it to the S…