Writ Of Error

581 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Brock v. Hardie
  114 Fla. 670· Fla.· 1934-05-03 ·cited 188×
  The Florida Supreme Court reversed Brock's habeas corpus denial, holding that fire insurance does not fall within the scope of Florida's anti-trust statute and that the statute itself is not unconstitutionally vague. The decision clarifies that while the anti-trust statute is suf
• Carney v. Stringfellow
  73 Fla. 700· Fla.· 1917-03-24 ·cited 180×
  This case concerns whether a trial court erred in granting a new trial after a jury verdict for the plaintiff. The appellate court affirmed the order granting the new trial, emphasizing the broad discretion trial courts have in ensuring justice and the limited scope of appellate
• Theola Ruff v. Georgia
  67 Fla. 224· Fla.· 1914-03-14 ·cited 178×
  The Florida Supreme Court affirmed a trial court's order granting a new trial in a personal injury case arising from a train derailment. The case addresses the appellate standards for reviewing orders granting new trials, establishing that such orders will not be reversed unless
• Brinson v. Tharin
  99 Fla. 696· Fla.· 1930-03-29 ·cited 149×
  The Florida Supreme Court quashed a writ of certiorari filed more than thirty days after the circuit court's judgment affirming a contract dispute verdict. The Court held that while the thirty-day statutory deadline does not limit the constitutional power to issue certiorari, the
• Crill v. State Rd. Dep't of Fla.
  96 Fla. 110· Fla.· 1928-06-28 ·cited 142×
  The Florida Supreme Court denied a petition for writ of prohibition seeking to stop condemnation proceedings brought by the State Road Department. The Court held that the circuit court had jurisdiction over condemnation proceedings generally and that constitutional objections to
• First Nat'l Bank of Gainesville v. Gibbs
  78 Fla. 118· Fla.· 1919-07-14 ·cited 142×
  The Florida Supreme Court quashed a writ of certiorari issued to review a Circuit Court decision that reversed a Civil Court of Record judgment and remanded the case for further proceedings. The Court held that certiorari is not available to review non-final judgments and that th
• Leavine v. State
  109 Fla. 447· Fla.· 1933-04-18 ·cited 123×
  Louis Leavine was convicted of murder in the first degree as a principal in the second degree for his role in the killing of Joseph B. Johnson. The Florida Supreme Court found reversible error in the trial court's jury instruction on premeditation and its failure to instruct on c
• S. Atl. S.S. Co. of Del. v. Sumpter Tutson and Katie May Tutson
  139 Fla. 405· Fla.· 1939-07-21 ·cited 106×
  The Florida Supreme Court addressed whether it has constitutional appellate jurisdiction over statutory appeals from circuit court judgments in workmen's compensation cases originating from the Florida Industrial Commission, an administrative body without judicial power. While th
• Ross v. Savage
  66 Fla. 106· Fla.· 1913-07-01 ·cited 106×
  In this second appeal in a mining lease dispute, the Florida Supreme Court held that a phosphate mining lease contains an implied covenant that minable phosphate rock exists on the leased lands, making the existence of such rock a condition precedent to the lessee's obligation to
• Davenport v. State
  94 Fla. 32· Fla.· 1927-06-18 ·cited 100×
  Arthur Reed and Louis Thomas were convicted of murder in the first degree and sentenced to death. The Florida Supreme Court affirmed their conviction, finding that their bill of exceptions was properly rejected as untimely, their guilty verdict was not fatally contradictory, and
• Treat v. State
  121 Fla. 509· Fla.· 1935-11-04 ·cited 98×
  The Florida Supreme Court addresses the standard for determining whether a writ of error is frivolous and clarifies that a motion to dismiss as frivolous may be denied even when the court would ultimately affirm the judgment on its merits.
• Basnet v. The City of Jacksonville
  18 Fla. 523· Fla.· 1882-01-01 ·cited 97×
  A Florida property owner sought certiorari to challenge the Circuit Court's dismissal of his petition to declare a tax assessment by Jacksonville illegal. The Florida Supreme Court quashed the writ, holding that certiorari is not an appropriate vehicle for reviewing alleged error
• Am. Fire & Cas. Co. v. Vliet
  148 Fla. 568· Fla.· 1941-11-25 ·cited 92×
  This case concerns whether an insurance policy was voided due to the insured's failure to attend a garnishment trial. The court held that the policy was not voided because the insured's lack of cooperation was not material and did not substantially prejudice the insurer, especial
• Hoopes v. Crane
  56 Fla. 395· Fla.· 1908-06-01 ·cited 89×
  Hoopes Brothers & Darlington sued Crane & MacMahon to enforce an exchange agreement for timber leases and recover $900 allegedly due as part consideration for the exchange. The trial court sustained demurrers to the pleadings, directed a verdict for defendants, and judgment was e
• State ex rel. Joe Cacciatore v. Drumbright
  116 Fla. 496· Fla.· 1934-09-11 ·cited 88×
  In this habeas corpus and prohibition case, Joe Cacciatore was convicted in municipal court under a defective docket charge, then discharged via habeas corpus when that charge was found insufficient. When re-arrested under a corrected charge for the same offense, he sought prohib
• Allen v. State
  52 Fla. 1· Fla.· 1906-06-01 ·cited 85×
  The Florida Supreme Court reversed a forgery conviction, holding that the defendant was subjected to double jeopardy. The court found that the arbitrary discharge of a previously sworn jury without the defendant's consent, even at the state's request, constituted an acquittal.
• State v. Chapman Levi Creighton
  469 So. 2d 735· Fla.· 1985-05-02 ·cited 82×
  The Florida Supreme Court held that the state's right to appeal in criminal cases is purely statutory and does not derive from the state constitutional provision allocating jurisdiction to district courts of appeal. The state cannot appeal a trial court's order granting a judgmen
• State v. Dewell
  123 Fla. 785· Fla.· 1936-05-05 ·cited 82×
  The Florida Supreme Court held that criminal defendants have a constitutional right to compulsory process that includes access to material evidence through subpoenaed witnesses, and a trial court cannot deny defendants the beneficial use of such evidence by invoking grand jury se
• Ex-parte Mack Bowen
  25 Fla. 214· Fla.· 1889-01-01 ·cited 80×
  Mack Bowen sought habeas corpus relief after being convicted as an accessory to murder and sentenced to death, even though the alleged principal offender was acquitted and another defendant received a nolle prosequi. The Florida Supreme Court held that habeas corpus is not the pr
• Hart v. Held
  149 Fla. 33· Fla.· 1941-12-12 ·cited 76×
  In this automobile negligence case, the Florida Supreme Court reversed a trial court's order granting a new trial to defendant Pearl Held. The court held that when substantial competent evidence supports a jury verdict, a trial court lacks authority to set it aside based solely o
• Harrison v. Carroll H. Frink
  75 Fla. 22· Fla.· 1918-01-12 ·cited 74×
  The Florida Supreme Court denied a petition for certiorari seeking review of a Civil Court of Record's order granting a new trial in an assumpsit action. The court held that certiorari is a limited common-law writ to review jurisdiction and procedural regularity, not a substitute
• The State of Fla. ex rel. John Andreu v. Heth Canfield
  40 Fla. 36· Fla.· 1898-01-01 ·cited 73×
  The Florida Supreme Court upheld the constitutionality of Chapter 4529 (1897), which replaced personal service requirements for writs of error with recording in the Circuit Court minute-book as constructive notice to appellees. However, the Court dismissed the writ of error on th
• Conover v. Honorable Frank M. Montemuro, Jr.
  477 F.2d 1073· 3d Cir.· 1972-12-20 ·cited 69×
  The court reinstated prior panel opinions, excluding portions on judicial immunity in § 1983 injunctive relief suits, and declined to rule on the issue.
• Seaboard Air Line Railway v. Ray
  52 Fla. 634· Fla.· 1906-06-01 ·cited 69×
  The Florida Supreme Court quashed a Circuit Court judgment affirming a county judge's award of damages to G. W. Ray against the Seaboard Air Line Railway for negligent delay of perishable freight. The court held that the county judge lacked subject-matter jurisdiction because the
• Brundage v. O'Berry
  101 Fla. 320· Fla.· 1931-04-24 ·cited 68×
  This case concerns whether a circuit court exceeded its jurisdiction in reversing a lower court's judgment and directing a new judgment. The Supreme Court of Florida ultimately quashed the writ of certiorari, finding the circuit court's decision was supported by the evidence and
• H. J. Laney (Petitioner Below) v. Holbrook
  150 Fla. 622· Fla.· 1942-05-26 ·cited 67×
  A Florida school principal challenges his discharge by the County Board of Public Instruction for various alleged misconduct. The Florida Supreme Court reverses the Board's order because the Board failed to make specific findings of fact as required by due process and statutory p
• Price v. The S. Home Ins. Co. of the Carolinas
  100 Fla. 338· Fla.· 1930-07-28 ·cited 67×
  The Florida Supreme Court reversed a directed verdict for an insurance company, holding that when an insurer uses varying descriptions of an insured building in its own policy language, ambiguities are interpreted against the insurer and in favor of the insured. Here, the company
• Palm Shores, Inc. v. Nobles
  149 Fla. 103· Fla.· 1941-12-16 ·cited 66×
  The Supreme Court affirmed a trial court's dismissal of a cause with prejudice for failure to pay a contempt fine, finding no reversible error in the contempt adjudication or the dismissal.
• Atl. Coast Line R.R. Co. v. Holliday
  73 Fla. 269· Fla.· 1917-02-07 ·cited 64×
  In this negligence action, Sherman Holliday recovered a $3,000 jury verdict against the Atlantic Coast Line Railroad Company for injuries sustained while employed to maintain railroad yard lights. The Florida Supreme Court affirmed the judgment, holding that the company's neglige
• Bishop v. Taylor
  41 Fla. 77· Fla.· 1899-01-01 ·cited 63×
  The Florida Supreme Court reversed an order granting a new trial, holding that the trial court abused its discretion in setting aside a jury verdict for the defendant when the plaintiff's evidence was legally insufficient to support a verdict in his favor. The court clarified tha
• Whitaker v. Wright
  100 Fla. 282· Fla.· 1930-07-26 ·cited 62×
  The Florida Supreme Court upheld the trial court's decision to set aside a nonsuit order and reinstate a debt collection case. The defendant argued the trial court lost jurisdiction when the plaintiff took a nonsuit, but the Court held that because no final judgment was entered o
• Fields v. State
  46 Fla. 84· Fla.· 1903-06-01 ·cited 62×
  William H. Fields was convicted of aggravated assault (reduced from assault with intent to murder) alongside Charles Robinson. The Florida Supreme Court reversed and ordered a new trial, finding that the trial court committed multiple errors in sustaining objections to defense qu
• Webster v. Powell
  36 Fla. 703· Fla.· 1895-06-01 ·cited 61×
  The Florida Supreme Court invalidated Chapter 4414 of the 1895 laws as unconstitutional because its title was misleading and did not adequately express the act's true purpose. The statute required defendants to post bonds as a condition precedent to obtaining writs of error, but
• Price v. Johnston
  125 F.2d 806· 9th Cir.· 1942-02-11 ·cited 60×
  A federal court may not grant a writ of habeas corpus to review alleged errors of law or fact occurring during a trial if the court had jurisdiction over the person and subject matter, as such errors are correctable only by direct appeal.
• Tau Alpha Holding Corp. v. Bd. of Adjustments of the City of Gainesville
  126 Fla. 858· Fla.· 1937-01-15 ·cited 60×
  The Florida Supreme Court upheld a Board of Adjustments' decision to grant a temporary permit allowing a property owner to construct a brick restaurant in a residential district, rejecting a challenge that the Board's variance power constituted an unconstitutional delegation of l
• State ex rel. C. M. Harper v. McDavid
  145 Fla. 605· Fla.· 1941-01-07 ·cited 58×
  The Florida Supreme Court upheld a statutory tax exemption for property owned by the Housing Authority of Pensacola used for low-rent housing and slum clearance projects, holding that the Legislature constitutionally defined such properties as held for municipal purposes under th
• Ex parte Bronk v. State
  43 Fla. 461· Fla.· 1901-06-01 ·cited 57×
  John Parker Bronk challenges his detention under a writ of ne exeat issued in an alimony/maintenance suit filed by his wife. The Florida Supreme Court affirms the lower court's denial of habeas corpus, holding that courts may issue a writ of ne exeat in maintenance actions before
• Bell v. Niles
  61 Fla. 114· Fla.· 1911-01-01 ·cited 55×
  In this replevin action, the Florida Supreme Court affirmed a judgment in favor of Melissa Niles to recover possession of a boat (the launch Mabel) that Sheriff Bell had seized under an execution. The case addressed procedural issues concerning the form of judgment in replevin ac
• City of Coral Gables v. Hepkins
  107 Fla. 778· Fla.· 1932-09-16 ·cited 54×
  The Florida Supreme Court held that a golf course and country club property purchased by the City of Coral Gables with bond proceeds for public municipal purposes is exempt from execution and sale to satisfy the city's general debts, even when the property is leased to private op
• Clements v. State
  51 Fla. 6· Fla.· 1906-01-01 ·cited 54×
  W. T. Clements was convicted of assault with intent to murder and sentenced to twenty years in prison. He appealed on seven grounds, primarily challenging the trial court's denial of his motion for a continuance to obtain depositions from witnesses in Georgia regarding his insani
• The State of Fla. ex rel. v. Dowling
  91 Fla. 236· Fla.· 1926-01-30 ·cited 51×
  This case concerns whether a defendant is entitled to be discharged from a crime after multiple mistrials due to a hung jury. The court held that mistrials, even if repeated, do not constitute a trial for the purposes of statutory discharge, and the defendant is not automatically
• Mathis v. State
  67 Fla. 277· Fla.· 1914-03-27 ·cited 51×
  The Florida Supreme Court dismissed a writ of error challenging a criminal conviction for insufficient final judgment documentation. The court found that while the jury had rendered a guilty verdict and the trial court imposed sentence, the judgment entry was too cursory and info
• Callie Hall v. Patterson
  45 Fla. 353· Fla.· 1903-01-01 ·cited 50×
  The Florida Supreme Court dismissed a writ of error in an ejectment action because the judgment in the lower court was not final. The lower court entered judgment only for costs in favor of the defendants, without adjudicating the merits of the land dispute, which is insufficient
• Orange Belt Packing Co. v. Int'l Agric. Corp.
  112 Fla. 99· Fla.· 1933-09-22 ·cited 49×
  Orange Belt Packing Company and individual defendants appealed a judgment rendered against them by International Agricultural Corporation, but the Florida Supreme Court dismissed the writ of error because it attempted to review two separate and distinct final judgments (the main
• Lovett v. State
  29 Fla. 356· Fla.· 1892-01-01 ·cited 49×
  Dave Lovett was convicted of first-degree murder, but the Florida Supreme Court reversed his conviction and granted a new trial because the trial record failed to affirmatively show that Lovett was personally present during the trial proceedings, only at sentencing. The court hel
• Sons v. Davidson
  35 Fla. 342· Fla.· 1895-01-01 ·cited 48×
  The Florida Supreme Court reversed a circuit court's order vacating a default judgment more than four years after its entry. The court held that while a judgment may be erroneous or irregular, courts lose jurisdiction to set aside such judgments on motion after 60 days unless the
• Palmer v. Johnson
  97 Fla. 479· Fla.· 1929-04-04 ·cited 47×
  The Supreme Court of Florida dismissed a writ of certiorari, finding that a defect in the testing of a writ of error was amendable and did not deprive the lower court of jurisdiction. This decision clarifies that formal defects in appellate process documents do not automatically
• Tampa Elec. Co. v. Luella Ferguson and Her Husband
  96 Fla. 375· Fla.· 1928-08-01 ·cited 46×
  The Florida Supreme Court reversed an order granting a new trial to Tampa Electric Company after a jury initially found in favor of the company. The court found that while the plaintiff may have suffered only nominal damages, the evidence supported a cause of action, and a new tr
• Dudley v. White
  44 Fla. 264· Fla.· 1902-01-01 ·cited 46×
  This case concerns the validity of a default judgment entered against partners Dudley and Jennings in a debt action. The Florida Supreme Court affirmed the default judgment, holding that a clerk may enter a default for failure to plead even when a motion to dismiss is pending if
• Young v. Lassiter
  87 Fla. 445· Fla.· 1924-05-07 ·cited 45×
  A plaintiff sought a writ of error to review an order sustaining the defendant's demurrer to the plaintiff's declaration. The Florida Supreme Court dismissed the writ because the lower court's order did not constitute a final judgment in the form required to support appellate rev