Writ Of Error

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

• Oppenheimer v. Guckenheimer
  34 Fla. 13· Fla.· 1894-06-01 ·cited 44×
  In this attachment suit, the Florida Supreme Court addressed jurisdictional defects arising from the failure to issue and serve a scire facias ad audiendum errores before the writ of error was brought to appellate court. The Court held that the defendants in error's voluntary app
• Anderson v. Chapman
  109 Fla. 54· Fla.· 1933-03-13 ·cited 43×
  J. C. Anderson seeks habeas corpus relief from his ten-year imprisonment, challenging whether his conviction judgment was properly entered. The Florida Supreme Court holds that while his judgment entry was defectively stated, it contains sufficient adjudication of guilt by implic
• Aiken v. E. B. Davis, Inc.
  106 Fla. 675· Fla.· 1932-09-16 ·cited 43×
  The Florida Supreme Court affirmed a lower court's decision to grant a peremptory writ of mandamus, compelling the town to issue a permit for a filling station. The court found no reversible error despite a lengthy delay in the appeal.
• First Nat'l Bank of Miami v. Bebinger
  99 Fla. 1290· Fla.· 1930-06-06 ·cited 43×
  The Florida Supreme Court held that a writ of error lies to review a final order in a proceeding supplementary to execution, determining whether property is subject to levy under a judgment. This case established that such supplementary proceedings constitute a final "case" revie
• O. v. Gates
  22 Fla. 325· Fla.· 1886-01-01 ·cited 42×
  The Florida Supreme Court dismissed an appeal from a demurrer ruling, holding that no final judgment had been entered and therefore the court lacked jurisdiction to review the case. The court reaffirmed that an appeal cannot be taken until a final judgment terminating the action
• Deans v. Wilcoxon
  18 Fla. 531· Fla.· 1882-01-01 ·cited 42×
  The Florida Supreme Court reversed a Circuit Court judgment that had quashed County Court proceedings for the sale of real estate to pay estate debts. The court held that the County Court had proper jurisdiction over the administrator's petition and that a certiorari proceeding w
• Frederick v. Rowe
  105 Fla. 193· Fla.· 1932-04-19 ·cited 41×
  This case concerns whether a writ of prohibition can be used to stop a habeas corpus proceeding. The Florida Supreme Court held that while a circuit court has jurisdiction to issue a writ of habeas corpus, its inquiry is limited when the petitioner is convicted of a felony, and p
• Glasser v. Hackett
  37 Fla. 358· Fla.· 1896-01-01 ·cited 41×
  The Florida Supreme Court held that a second writ of error may be properly issued and maintained even when a prior writ of error to the same judgment was pending, provided the first writ has been dismissed. The court applied general abatement principles to writs of error, holding
• Pino v. Nicolls (two cases)
  215 F.2d 237· 1st Cir.· 1954-08-02 ·cited 40×
  The court held that a Massachusetts petty larceny conviction, even with a suspended sentence and case placed on file, constitutes a 'conviction' for deportation purposes under the Immigration and Nationality Act.
• Hainlin v. Budge
  56 Fla. 342· Fla.· 1908-06-01 ·cited 40×
  In this negligence action involving an automobile accident, the Florida Supreme Court reversed the jury verdict for the defendant and ordered a new trial. The court held that an instruction regarding the burden of proof on contributory negligence was erroneous and misleading, and
• Ford v. Ford
  150 Fla. 717· Fla.· 1942-06-12 ·cited 39×
  The court held that the trial court erred in denying the motion to vacate the dismissal for failure to prosecute, as strict application of procedural rules would be unduly harsh under the circumstances.
• State ex rel. William Schwarz v. The Honorable David J. Heffernan
  142 Fla. 137· Fla.· 1940-02-27 ·cited 39×
  This case concerns whether a writ of prohibition was the proper remedy to challenge a cost bill awarded after a non-suit. The court held that prohibition is not appropriate for correcting errors within a court's jurisdiction and affirmed the lower court's decision.
• Guar. Tr. & Safe Deposit Co. v. Buddington
  23 Fla. 514· Fla.· 1887-06-01 ·cited 39×
  This case involves a motion to dismiss an appeal from a decree in a chancery case concerning railroad claims and liens. The Florida Supreme Court considers whether defects in the citation (the notice of appeal) and service thereof are fatal to the appeal, ultimately denying the m
• State v. Barns
  119 Fla. 405· Fla.· 1935-05-21 ·cited 38×
  The Florida Supreme Court held that statutory provisions in Chapter 15666 requiring Circuit Courts to decide appellate cases from Civil Courts of Record within five months, with automatic affirmance upon default, violate the Florida Constitution by impermissibly restricting the C
• Edgerton v. The Mayor & Aldermen of Green Cove Springs
  18 Fla. 528· Fla.· 1882-01-01 ·cited 38×
  Theodore Edgerton sought a writ of certiorari to challenge the Town of Green Cove Springs' proceedings authorizing extension of Front Street over his lands. The Florida Supreme Court quashed the certiorari, holding that when the Circuit Court has jurisdiction and there is no irre
• Ex parte Edwards
  11 Fla. 174· Fla.· 1867-01-01 ·cited 38×
  A Florida Supreme Court case reviewing a circuit judge's refusal to grant a writ of habeas corpus to A. K. Edwards, who was imprisoned for contempt of a chancery court. The court held that a refusal to grant habeas corpus constitutes a judgment reviewable by writ of error, and th
• Des Rocher & Watkins Towing Co. v. Third Nat'l Bank of Miami
  106 Fla. 466· Fla.· 1932-08-23 ·cited 37×
  The Florida Supreme Court quashed a writ of certiorari that Des Rocher & Watkins Towing Company sought to use to review a circuit court's affirmance of a judgment against it on a guaranty contract. The Court held that certiorari cannot be used to review evidentiary rulings and ju
• Waters Realty Co. v. Miami Tripure Water Co.
  100 Fla. 221· Fla.· 1930-07-22 ·cited 37×
  Waters Realty Company sought recovery of a commission for finding a purchaser for Miami Tripure Water Company's property. The trial court granted a verdict for the plaintiff, but the defendant obtained an order for a new trial, which the plaintiff appealed. The Florida Supreme Co
• Stedman v. State
  80 Fla. 547· Fla.· 1920-10-15 ·cited 36×
  Perry Stedman was convicted of nonsupport of his child under a Florida statute criminalizing desertion and withholding means of support from wife and children. The Florida Supreme Court reversed the conviction because the jury verdict was defective and not responsive to the charg
• Proctor v. Isaiah D. Hart
  5 Fla. 465· Fla.· 1854-02-01 ·cited 36×
  The Florida Supreme Court affirmed a judgment from the Circuit Court of Duval County, holding that a bill of exceptions must incorporate the evidence from trial to support claims that judicial charges were erroneous. Without the evidence included in the bill of exceptions, the co
• Arnold v. State of Fla. ex rel. Nathan L. Mallison
  147 Fla. 324· Fla.· 1941-05-30 ·cited 35×
  The Florida Supreme Court upheld a mandamus order requiring the Jacksonville Playground and Recreation Board to reinstate Nathan L. Mallison as superintendent of recreation after the board abolished the position. The court held that while the board had broad discretionary powers,
• The City of Jacksonville v. Shaffer
  107 Fla. 367· Fla.· 1932-12-06 ·cited 35×
  The Florida Supreme Court held that when a municipality condemns a non-exclusive easement for waterworks in streets that were dedicated to the public subject to a reserved exclusive right to operate utilities, the property owner is entitled to compensation not only for the fair m
• Zigler v. Erler Corp.
  102 Fla. 981· Fla.· 1931-09-19 ·cited 35×
  The Florida Supreme Court affirmed an order granting a new trial in a wrongful death case, rejecting the defendant's attempt to raise cross assignments of error without filing a separate writ of error in this common law action.
• State of Fla. ex rel. W. R. Gary v. Davis
  83 Fla. 422· Fla.· 1922-03-23 ·cited 35×
  The Florida Supreme Court held that a circuit judge exceeded his judicial powers by issuing a contempt rule against a removed bond trustee who refused to pay over funds, because the removal order was not self-executing and lacked the requisite due process of law to enforce compli
• Baker v. Colley
  104 So. 2d 473· Fla. 2d DCA· 1958-07-16 ·cited 34×
  Baker appealed from an order granting defendants' motion to dismiss and motion to strike in a negligence action arising from injuries caused by defendants' cat. The court dismissed the appeal for lack of jurisdiction because the order was interlocutory, not a final judgment.
• The State of Fla. ex rel. J. D. Myers v. Allen
  83 Fla. 655· Fla.· 1922-05-19 ·cited 34×
  The Florida Supreme Court affirmed an extradition order requiring Myers (also known as M.D. Joseph) to be surrendered to Utah to stand trial for embezzlement, obtaining money by false pretenses, and grand larceny. The court rejected challenges to the affidavit's form, the chargin
• Cobb v. Park Trammell
  73 Fla. 574· Fla.· 1917-03-06 ·cited 34×
  The Florida Supreme Court reversed a default judgment entered by a circuit court clerk, holding that pending motions to strike and amend a declaration suspend the clerk's authority to enter a default for failure to plead or demur when those motions are not frivolous and present s
• Burt v. The Fla. S. Ry. Co.
  43 Fla. 339· Fla.· 1901-06-01 ·cited 34×
  In this ejectment action, the Florida Supreme Court affirmed the lower court's judgment for the defendant railroad, holding that the plaintiff failed to prove title to the disputed property and that the court properly allowed the defendant to amend its pleadings after verdict to
• The State of Fla. ex rel. Charles Rheinauer v. Malone
  40 Fla. 129· Fla.· 1898-01-01 ·cited 34×
  Florida Supreme Court denied a writ of prohibition sought by Charles Rheinauer to prevent Judge John W. Malone from continuing proceedings in a covenant action brought by the State of Florida. The court held that prohibition does not lie to challenge a trial court's jurisdiction
• The State of Fla. ex rel. George P. Fowler v. Finley
  30 Fla. 302· Fla.· 1892-06-01 ·cited 34×
  The Florida Supreme Court upheld a demurrer to an alternative writ of mandamus filed by a disbarred attorney seeking to overturn his disbarment. The court held that the relator failed to allege sufficient facts to make a prima facie case against the Circuit Court's disbarment ord
• Mugge v. Warnell Lumber & Veneer Co.
  58 Fla. 318· Fla.· 1909-06-01 ·cited 33×
  The Florida Supreme Court held that it lacks appellate jurisdiction over a judgment rendered by a county court in a case that was originally commenced in circuit court but transferred to county court upon the county court's establishment by legislature. The court determined that
• The Louisville & Nashville R.R. Co. v. Sutton
  54 Fla. 247· Fla.· 1907-06-01 ·cited 33×
  This case concerns whether a county judge's court has jurisdiction to enter a judgment exceeding $100. The court held that such a judgment is void because it exceeds the jurisdictional limit, even if the excess amount is due to statutory double damages and attorney fees.
• Taylor v. A. G. Branham & Co.
  35 Fla. 297· Fla.· 1895-01-01 ·cited 33×
  A partnership sued as the Florida Orange Hedge Fence Company challenged liability by claiming it was a Tennessee-incorporated corporation, not a partnership operating in Florida. The Florida Supreme Court held that a corporation chartered in another state cannot operate as a corp
• Cato v. The State
  9 Fla. 163· Fla.· 1860-01-01 ·cited 33×
  Cato, an enslaved man, was convicted of rape and sentenced to death in Jackson County Circuit Court. The Florida Supreme Court vacated the conviction and death sentence, ordering a new trial due to defects in the jury instructions regarding force and violence, and doubts about th
• Lawyers Co-Operative Publ'g Co. v. Bradford G. Williams
  149 Fla. 390· Fla.· 1942-01-27 ·cited 32×
  A successor judge cannot vacate a final judgment entered by a predecessor judge, absent special circumstances like fraud or mistake, especially when the issues were already addressed and denied.
• In re Adoption of Carol Palmer
  129 Fla. 630· Fla.· 1937-10-22 ·cited 32×
  This case concerns whether an appeal can be taken from a circuit judge's order authorizing the adoption of a child. The court held that no appeal lies because the relevant statute does not provide for review, and the proceeding is statutory rather than a case originating in the C
• Ex Parte: Elvin E. Jeffcoat
  109 Fla. 207· Fla.· 1933-03-23 ·cited 32×
  Elvin Jeffcoat petitioned for habeas corpus relief on the eve of his execution for murder, arguing that the trial court record failed to affirmatively show his arraignment and plea, and that he had not been confined in the death chamber for the statutorily required five days. The
• Baron de Hirsch Meyer v. Nator Holding Co.
  102 Fla. 689· Fla.· 1931-08-03 ·cited 32×
  The Florida Supreme Court held that a corporation can be held liable for legal services rendered by attorneys who were initially hired by the corporation's founders, even though the formal contract was with the founders individually, where the corporation subsequently approved an
• Noyes S. Collins v. State
  33 Fla. 429· Fla.· 1894-01-01 ·cited 31×
  Collins, president of Lake City Bank, was convicted of embezzlement for receiving a $43.50 deposit from customers. The Florida Supreme Court reversed, holding that the indictment fatally conflated provisions for individual bankers with those for corporate bank officers, and that
• Ponder v. Wm. D. Moseley
  2 Fla. 207· Fla.· 1848-01-01 ·cited 31×
  This Florida Supreme Court case addresses whether a judgment and execution issued by a territorial court is void when the defendants' letters of administration were revoked after judgment but before the execution sale. The court held that a judgment of a court of general jurisdic
• United States v. Jenkins
  490 F.2d 868· 2d Cir.· 1973-12-11 ·cited 30×
  The government has a right to appeal a district court's dismissal of an indictment if the dismissal is based on a construction of the statute rather than a factual determination on the merits, and the Double Jeopardy Clause does not bar such an appeal.
• State v. Hardie
  108 Fla. 133· Fla.· 1933-02-16 ·cited 30×
  Edgar Davis petitioned the Florida Supreme Court for habeas corpus relief after being committed to jail for contempt of court for failing to pay alimony. The Court held that Davis's remedy was to seek review by writ of error of the Circuit Court's judgment that had already upheld
• State of Fla. ex rel. John L. Hopps v. Mallory F. Horne
  75 Fla. 149· Fla.· 1918-01-25 ·cited 30×
  In this original mandamus proceeding, the Florida Supreme Court held that a circuit judge erred in dismissing an appeal from a county judge's conviction because the appeal was not made returnable to the first day of the next court term. The court ruled that appeals from county ju
• Winn v. Coggins
  53 Fla. 327· Fla.· 1907-01-01 ·cited 30×
  In this ejectment action, the Florida Supreme Court reversed the trial court's grant of a new trial and upheld a jury verdict for the defendants. The court held that plaintiffs failed to establish sufficient legal grounds for recovery, as they neither proved a valid title in them
• Bacon v. Green
  36 Fla. 313· Fla.· 1895-06-01 ·cited 30×
  The Florida Supreme Court held that a supersedeas granted on a final judgment does not restore personal property that was attached, levied upon, and condemned by the judgment to satisfy the debt, even though it suspends further proceedings on the judgment itself. The court distin
• Washington v. Clemmer
  339 F.2d 715· D.C. Cir.· 1964-05-11 ·cited 28×
  The court held that the Commissioner erred by denying the indigent juvenile's requests for a stenographic reporter and for subpoenas for material witnesses at his preliminary hearing.
• Pierce v. Concetta Pasquarello
  125 Fla. 330· Fla.· 1936-09-22 ·cited 28×
  Pierce filed a claim against the Pasquarello estate based on a promissory note, then sued in Civil Court after the administrators refused to pay. After losing on the merits, Pierce attempted to compel settlement of the claim in probate court. The Florida Supreme Court affirmed th
• DuBose v. Meister
  92 Fla. 995· Fla.· 1926-11-29 ·cited 28×
  This case involves a dispute over the cancellation of a real estate broker's license. The appellate court dismissed the writ of error because the license had already expired, rendering the appeal moot and any decision without practical effect.
• Holmberg v. Toomer
  78 Fla. 116· Fla.· 1919-07-14 ·cited 28×
  The Florida Supreme Court denied a petition for a writ of certiorari, holding that such a writ will not be issued to review a circuit court's judgment that reverses a lower court's judgment and remands the case for further proceedings, as this is not a final adjudication.
• The Cnty. of Santa Rosa & J. F. Poore v. Trobuck
  77 Fla. 86· Fla.· 1919-01-23 ·cited 28×
  The Florida Supreme Court reversed a judgment abating an action brought by Santa Rosa County against a Pensacola towing company for bridge damage. The court held that a plea claiming privilege to be sued only in the defendant's county of residence is invalid unless it also avers