WEAVER-LOUGHRIDGE LUMBER COMPANY AND LUMBERMEN'S MUTUAL CASUALTY COMPANY
v.
ISABELLA COLEMAN AND FLORIDA COLEMAN, ET AL.
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The Florida Supreme Court denied a petition for a writ of certiorari, holding that a statutory appeal, not certiorari, was the proper remedy for reviewing a circuit court judgment on an Industrial Commission order. The court affirmed the constitutionality of the statutory appeal process.
No, the statute providing for an appeal to the Florida Supreme Court from a circuit court's judgment on an appeal from the Florida Industrial Commission does not violate the Florida Constitution. Yes, certiorari is not the appropriate remedy when a statutory appeal is available.
“It has been this day decided by this Court that Section 27, Chapter 17581, Acts of 1935, as amended by Section 12, Chapter 18413, Acts of 1937, providing for an appeal to this Court from an order or judgment of the circuit court rendered in a cause on appeal to the circuit court from an order of the Florida Industrial Commission, does not violate the Constitution of Florida.”
Establishes the constitutionality of the statutory appeal process.
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Join FLexlaw to unlock all legal intelligencePetitioners sought a writ of certiorari to review a circuit court judgment that reversed an order of the Florida Industrial Commission. The Industrial…
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In this case there is a petition for a writ of certiorari to be issued to review a judgment of the circuit court reversing an order of the Florida Industrial Commission denying a claim made under the Workmen’s Compen.sation Law of Florida.
It has been this day decided by this Court that Section 27, Chapter 17581, Acts of 1935, as amended by Section 12, *824Chapter 18413, Acts of 1937, providing for an appeal to this Court from an order or judgment of the circuit court rendered in a cause on appeal to the circuit court from an order of the Florida Industrial Commission, does not violate the Constitution of Florida. South Atl. Steamship Co. v. Tutson, and DuPree v. Elleman, filed July 21, 1939.
As an appeal is the valid statutory remedy, the constitutional discretionary writ of certiorari is not applicable (Haile v. Gardner, 82 Fla. 355, 91 So. 376; Basnet v. City of Jacksonville, 18 Fla. 523; Jacksonville T. & K. W. Ry. Co. v. Boy, 34 Fla. 389, 16 So. 290), and the petition for such writ of certiorari is denied in the absence of a legal and sufficient showing that the petitioners are entitled to a writ of certiorari notwithstanding the right of appeal to .this Court given to petitioners by the above cited statute.
It is so ordered.
Brown and Chapman, J. J. concur.
Terrell, C. J., concurs in opinion and judgment.
Justices Buford and Thomas not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Boca Raton Club v. Duff, 63 So. 2d 624 (Fla. 1953)…ertiorari. The motion to dismiss the appeal is granted under the authority of Smith v. Fletcher Motor Sales, Inc., Fla. 62 So. 2d 60. The petition for a writ of certiorari is denied under the authority of Weaver-Loughridge Lumber Co. v. Coleman, 139 Fla. 823, 191 So. 16; South Atlantic Steamship Co. v. Tutson, 139 Fla. 405, 190 So. 675; and Stansell v. Marlin, 153 Fla. 421, 14 So. 2d 892. It is so ordered. SEBRING, Acting Chief Justice, and MATHEWS, J., and FABISINSKI, Associate Justice, concur.…
Authorities Cited
- Haile v. Gardner, 82 Fla. 355 (Fla. 1921)
- Basnet v. The City of Jacksonville, 18 Fla. 523 (Fla. 1882)
- Jacksonville v. Antone Boy, 34 Fla. 389 (Fla. 1894)