Writ Of Error

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

• Overstreet v. Sandler
  135 Fla. 423· Fla.· 1938-06-16
  In a prohibition proceeding, the Florida Supreme Court upheld a trial judge's authority to set aside a defective jury verdict and grant a new trial in a murder case, rejecting the defendants' double jeopardy argument. The court held that when a verdict is legally defective and in
• Herring v. State
  132 Fla. 658· Fla.· 1938-06-08
  The Florida Supreme Court denied a petition to define the time a defendant must serve in prison, holding that it lacked jurisdiction after its mandate had gone down to the lower court and the defendant was not claiming unlawful restraint. The court suggested the defendant could p
• State v. Coleman
  131 Fla. 620· Fla.· 1938-03-03
  This case is an original habeas corpus proceeding challenging a conviction. The Florida Supreme Court consolidated this case with a writ of error from the same conviction and ruled that the habeas corpus petition must be decided based on the reasoning in the writ of error case.
• Battle v. Stone
  131 Fla. 136· Fla.· 1938-02-09
  James Battle challenged his incarceration on a habeas corpus petition, arguing he was unlawfully detained. The circuit court remanded him to custody, and the Florida Supreme Court affirmed, finding the same legal issue had already been decided adversely to Battle in a contemporan
• State v. Overstreet
  128 Fla. 230· Fla.· 1937-05-19
  The Florida Supreme Court denied a petition for a writ of mandamus seeking to compel the Clerk of the Circuit Court to issue a writ of error and the Judge to settle a bill of exceptions. The court found that the time allowed for taking writs of error had long expired.
• Gray v. State
  127 Fla. 533· Fla.· 1937-03-24
  The Florida Supreme Court addressed the procedural validity of judgments in a bastardy case. The court held that a 1936 amendment judgment was void because the trial court had lost jurisdiction after the original 1933 judgment, and the statutory requirements for such judgments ha
• Cook v. Lewis K. Liggett Co., Inc.
  126 Fla. 555· Fla.· 1936-12-23
  The Florida Supreme Court held that a married woman who is a party to a judgment may sue out a writ of error within two years under Section 4620, even if her co-plaintiff husband failed to do so within the six-month deadline applicable to other parties. The court rejected the def
• Am. Welding & Tank Co. v. DeSoto Brewing Co.
  127 Fla. 319· Fla.· 1936-12-11
  The court decided whether a state court could proceed with a writ of error to decide a materialman's lien case, despite federal bankruptcy proceedings. The court held that the state court retains jurisdiction to adjudicate the lien claim.
• State v. Chapman
  126 Fla. 430· Fla.· 1936-12-10
  Bonnie Vogel petitioned for habeas corpus after the Florida Supreme Court reversed her 1935 conviction and remanded for a new trial, but prison officials failed to return her to Dade County for retrial. The Court ordered her immediate release from the State Prison Farm and delive
• State v. Chapman
  125 Fla. 266· Fla.· 1936-09-11
  Bonnie Vogel petitioned for habeas corpus seeking discharge from custody at the State Prison Farm, arguing no valid criminal charge was pending against her in Florida. The Florida Supreme Court denied the petition, holding that a prior reversal of her conviction did not eliminate
• Suwannee River Cypress Co. v. Hon. George W. Jackson
  122 Fla. 85· Fla.· 1935-12-27
  The Florida Supreme Court considered a petition for a writ of mandamus to vacate a default judgment. The Court granted the motion to quash the writ, finding that the remedy by writ of error was not shown to be inadequate, and the lower court had properly struck the unverified ple
• State v. Barker
  117 Fla. 331· Fla.· 1934-12-05
  The Florida Supreme Court denied an application for a constitutional writ seeking temporary appointment of R. G. Pitman as principal of the Ocoee public schools pending resolution of his mandamus case, finding that the Court lacked power to make such an appointment despite the al
• Beale, Inc. v. Hawley
  116 Fla. 445· Fla.· 1934-09-10
  Beale, Inc. challenges a judgment entered in distress warrant proceedings for nonpayment of rent. The Florida Supreme Court reverses because the trial court failed to comply with statutory requirements by entering judgment on a forthcoming bond without establishing the value of t
• Strong v. City of Winter Park
  115 Fla. 228· Fla.· 1934-06-09
  The Florida Supreme Court dismissed a writ of error because the record lacked a final judgment. The court noted that a plaintiff's election to take a non-suit after a directed verdict motion, while permissible, must be followed by a proper judgment to be appealable.
• Baker v. State
  107 Fla. 429· Fla.· 1932-12-17
  The Florida Supreme Court affirmed a second-degree murder conviction, finding sufficient evidence and no reversible error despite conflicting testimony.
• Miami Transit Co. v. Stephens
  106 Fla. 353· Fla.· 1932-08-03
  Miami Transit Company sought certiorari to quash a circuit court order that reversed a trial court's grant of a new trial. The Florida Supreme Court held that an appellate court cannot reverse a trial court's discretionary order granting a new trial based on conflicting evidence
• Atl. Coast Line R.R. Co. v. Telfair Stockton
  103 Fla. 967· Fla.· 1931-12-22
  This ejectment action involves competing claims to a disputed parcel of land in Duval County, Florida, arising from conflicting deed descriptions referencing lot 58 of the Panama Park plat and an agreed compromise boundary line. The court upheld judgment for the plaintiffs, findi
• Hooker v. Wiggins
  102 Fla. 864· Fla.· 1931-08-07
  The Florida Supreme Court dismissed a writ of error because the lower court's order was not a final judgment. The case involved a sheriff who returned money collected on an execution due to a subsequent execution against the original judgment creditor.
• Mck. A. D. Campbell v. Golson
  102 Fla. 870· Fla.· 1931-08-07
  The Florida Supreme Court affirmed a lower court's judgment based on a stipulation that the issue was identical to a previously decided case. The court's decision was driven by the agreement between the parties.
• The Nat'l Net & Twine Co. v. Stevens
  101 Fla. 810· Fla.· 1931-06-06
  A foreign corporation sued in Florida state court but failed to properly file a bond for costs as required by Florida statute. The trial court dismissed the suit, and the Florida Supreme Court affirmed, holding that the defectively executed bond did not comply with statutory requ
• State v. The City of Safety Harbor
  101 Fla. 644· Fla.· 1931-05-26
  The Florida Supreme Court dismissed a writ of error because it was filed too late and was not authorized by statute. The appeal sought to review an order vacating a previous judgment and allowing further proceedings.
• Leesburg State Bank v. Lyle
  100 Fla. 1520· Fla.· 1930-12-17
  The Florida Supreme Court dismissed a writ of error challenging a circuit judge's order denying a motion to stay execution on grounds that the judge was disqualified. The Court held that the motion to stay did not attack the regularity or legality of the execution itself and ther
• Thomas v. Martin
  99 Fla. 608· Fla.· 1930-03-19
  Clyde O. Thomas and B. Thomas appealed a judgment against them on a bond breach claim arising from a ne exeat proceeding in Alachua County. The Florida Supreme Court dismissed the writ of error for lack of jurisdiction because the writ was not recorded as required by statute.
• Gutelius v. Noble
  99 Fla. 288· Fla.· 1930-02-06
  The Florida Supreme Court addressed whether a writ of garnishment remains valid after a trial court grants a motion for a new trial and vacates the underlying judgment. The Court held that under Florida law, a writ of error to an order granting a new trial operates to hold all pr
• McCall v. St. Andrews Bay Cmty. Hotel Corp.
  99 Fla. 146· Fla.· 1930-01-28
  The Florida Supreme Court affirmed a lower court's judgment based on a stipulation between the parties. The stipulation agreed that the current case presented the same legal question as a prior, decided case, and that the judgment in this case should be controlled by the decision
• Johnson v. St. Andrews Bay Cmty. Hotel Corp.
  99 Fla. 148· Fla.· 1930-01-28
  The Florida Supreme Court affirmed a lower court's judgment based on a stipulation between the parties to control the outcome of this case by a related, previously decided case, saving labor and expense.
• Bry-co Dev. Co. v. St. Andrews Bay Cmty. Hotel Corp.
  99 Fla. 145· Fla.· 1930-01-28
  The Florida Supreme Court affirmed a lower court's judgment against Bry-co Development Company, agreeing to control the decision by a prior, identically-situated case to save labor and expense.
• McIver v. St. Andrews Bay Cmty. Hotel Corp.
  99 Fla. 150· Fla.· 1930-01-28
  The Florida Supreme Court affirmed a lower court's judgment based on a stipulation between the parties, agreeing to be controlled by the decision in a prior, similar case.
• Ex parte Crosby
  99 Fla. 238· Fla.· 1929-12-11
  A. A. Crosby petitioned the Florida Supreme Court for a writ of error to review a circuit court order denying his habeas corpus petition challenging his detention under two trespass warrants. The court issued the writ and, upon reviewing the record, found probable cause for the c
• State v. Steele
  96 Fla. 362· Fla.· 1928-07-31
  Claude Hall was arrested for illegally taking fish from salt waters in Okaloosa County. The Florida Supreme Court reversed his detention because the special statute authorizing the arrest was repealed by a subsequent general statute before his arrest occurred.
• Avriett v. Osborne
  95 Fla. 521· Fla.· 1928-03-17
  The Florida Supreme Court affirmed a lower court's order granting a new trial. The appellate court found no errors in the lower court's decision after reviewing the record and arguments.
• Worrell v. Mrs. A. W. Miller (Formerly Mrs. A. W. McGlashan) for the Use and Benefit of M. Ellen Ford
  94 Fla. 641· Fla.· 1927-10-13
  The Florida Supreme Court affirmed a lower court's judgment in a case that had been appealed twice before. The court found no errors in the judgment, referencing its prior opinions on the controlling law.
• Woods-Hoskins-Young Co. v. Stone & Baker Constr. Co.
  94 Fla. 586· Fla.· 1927-08-01
  Woods-Hoskins-Young Company sued Stone & Baker Construction Company on three counts—contract, work and materials furnished, and account stated—and obtained a jury verdict for $7,265.29. The Florida Supreme Court reversed because the verdict exceeded the ad damnum clause limit of
• Ex parte Bernardo Alvarez
  84 Fla. 453· Fla.· 1922-10-18
  The Florida Supreme Court denied certiorari in a case where a defendant's writ of error was dismissed by the circuit court for a technical defect in the assignment of errors. The court found no material error in the original trial despite the dismissal.
• Allen v. Pearce Noland and C. A. Wederbrand
  82 Fla. 301· Fla.· 1921-10-20
  The Florida Supreme Court reversed a trial court's dismissal of a plaintiff's action for failure to timely amend a declaration, holding that the dismissal was erroneous because the original declaration stated a cause of action, no time limit was specified in the amendment order,
• Langford v. Langford
  81 Fla. 572· Fla.· 1921-04-21
  This case involves a plaintiff who appealed a jury verdict for the defendant. The appellate court granted the defendant's motion to strike the plaintiff's bill of exceptions because it was not properly signed by the judge, rendering the appeal invalid.
• Virginia-Carolina Chem. Co. v. Shadinger
  69 Fla. 60· Fla.· 1915-02-03
  The Florida Supreme Court dismissed a writ of error, holding that the plaintiff failed to demonstrate a right to review a judgment to include additional defendants who were not parties to the judgment or the writ of error.
• Hackney v. Snipes
  68 Fla. 443· Fla.· 1914-12-01
  The Florida Supreme Court reversed a Circuit Court decision that annulled a liquor permit issued by the Board of County Commissioners for Election District No. 39. The court held that the mere division of an election district and change of its number does not invalidate a previou
• Stone v. State
  68 Fla. 249· Fla.· 1914-07-01
  The Florida Supreme Court dismissed a writ of error for lack of jurisdiction because the writ was recorded in the Chancery Order Book rather than in the Minute Book of the court as required by statute. The Court held that proper recording in the Minute Book is essential to confer
• Josephus Anderson, Jr. v. Caruthers
  63 Fla. 61· Fla.· 1912-01-01
  In this tort action, the plaintiff appeals a judgment for defendants, challenging various trial irregularities. The Florida Supreme Court addresses whether a jury that was temporarily called away to try a criminal case before finishing the civil trial should have resulted in reve
• Messer v. M .L. Dekle
  63 Fla. 228· Fla.· 1912-01-01
  The Florida Supreme Court reversed a default judgment against a defendant in an assumpsit case. The court found that the trial court erred in striking the defendant's plea of "never did promise as alleged," which is a statutorily permissible plea in such cases.
• Moeller v. Elise Stocker
  61 Fla. 342· Fla.· 1911-01-01
  The Florida Supreme Court dismissed a writ of error in a habeas corpus case concerning child custody due to a lack of jurisdiction over the defendant in error. The court found that proper legal procedures, such as issuing and serving a scire facias, were not followed, and the wri
• State v. Cary D. Landis
  50 Fla. 283· Fla.· 1905-06-01
  The Florida Supreme Court dismissed a writ of error because it was based on an interlocutory order, not a final judgment. The court emphasized that such orders cannot support a writ of error.
• Rush v. Conner
  44 Fla. 170· Fla.· 1902-01-01
  The Florida Supreme Court dismissed a writ of error for failure to timely file the transcript of record within the term to which the writ was returnable, finding that the plaintiff in error was chargeable with laches despite having no delay in settling exceptions.
• Solary v. Weed
  43 Fla. 271· Fla.· 1901-06-01
  The Florida Supreme Court dismissed a writ of error because the plaintiffs in error failed to serve a scire facias ad audiendum errores on the defendants in error, who had not appeared in court. This procedural defect led to the dismissal of the appeal.
• Webster v. Powell
  43 Fla. 432· Fla.· 1901-06-01
  This case addresses the fundamental requirement that a referee must be properly appointed by court order before conducting a trial. The Florida Supreme Court reversed a judgment rendered by a referee who assumed authority to act without any formal appointment order from the court
• Simonton v. The State of Fla. ex rel. Solon B. Turman
  43 Fla. 351· Fla.· 1901-06-01
  In this quo warranto proceeding, the Florida Supreme Court upheld a supersedeas bond suspending execution of an ouster judgment that removed Frank M. Simonton from the office of Solicitor of the Criminal Court of Record for Hillsborough County in favor of Solon B. Turman. The Cou
• Craft v. State
  42 Fla. 610· Fla.· 1900-06-01
  William Craft appealed his conviction for perjury and twenty-year hard labor sentence from Baker County Circuit Court. The Florida Supreme Court granted his motion to be released from the state prison back to the sheriff's custody pending disposition of his writ of error, holding
• Simmons v. Bevill
  42 Fla. 356· Fla.· 1900-06-01
  The Florida Supreme Court dismissed a writ of error because the court lacked jurisdiction over the defendant in error due to a flawed scire facias return date. This highlights the importance of proper procedural steps for appellate jurisdiction.
• Griffin v. Lacourse
  31 Fla. 125· Fla.· 1893-01-01
  Griffin sought to quash an execution issued on a judgment in favor of Lacourse (as administratrix) after a written settlement agreement purportedly satisfied the judgment. The Florida Supreme Court affirmed the lower court's denial of the motion to quash, holding that Griffin fai