JACOB BRILLIS ET AL., PLAINTIFF IN ERROR,
v.
ISADORE BLUMENTHAL, DEFENDANT IN ERROR
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The Florida Supreme Court dismissed a writ of error, holding that it lacked jurisdiction because the Circuit Court's judgment was final in a case involving a property claim arising from an attachment suit. The court emphasized constitutional provisions limiting its appellate jurisdiction.
No, the Florida Supreme Court does not have jurisdiction in this case. The Circuit Court's judgment is considered final under the state Constitution.
“The Constitution, article VI, sec. 8, gives to the Circuit Court “final appellate jurisdiction in all civil causes arising in the county court in which the amount in controversy is one hundred dollars and upwards.””
This quote establishes the constitutional basis for the Circuit Court's final appellate jurisdiction.
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Join FLexlaw to unlock all legal intelligenceAn attachment suit was filed, and a bale of cotton was seized as property of the defendant. The plaintiffs in error claimed ownership of the cotton. A…
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delivered the opinion of the court.
This cause originated in the county court of Nassau county. An action of assumpsit was commenced by writ of attachment by the defendant in error against J. W. Peacock. The sheriff attached a bale of cotton as the property of the defendant, Peacock, and the plaintiffs in error interposed a claim of property in the cotton under the statute. Upon the trial of this claim a verdict was rendered against the plaintiffs in error, and judgment entered thereon, from which they appealed to the Circuit Court, where the judgment of the county court was affirmed. They now seek to bring the cause before this court by a writ of error, which has been served and to which a return has been filed.
The defendant in error moves to dismiss the writ of error.
The Constitution, article VI, sec. 8, gives to the Circuit Court “final appellate jurisdiction in all civil causes arising in the county court in which the amount in eontz’oversy is one hundred dollars and upwards.” The judgment in the attachmezzt suit was nearly three hundi-ed dollars, but the value of the cotton levied zzpon and claimed is not stated.
We consider that the case pz’esented in the recoz’d is one in which the judgment of the Circuit Court is final, azzd that this court has no jurisdiction of the cause. Eor this z’eason the wz-it of error is dismissed.