Writ Of Error

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

• Goldring v. Reid
  60 Fla. 78· Fla.· 1910-06-01 ·cited 28×
  The Florida Supreme Court dismissed a writ of error because the trial court's judgment following a non-suit did not constitute a final, appealable judgment. The court held that a non-suit judgment must use specific formal language to be final and appealable.
• State ex rel. D. L. McKinnon v. Wolfe
  58 Fla. 523· Fla.· 1909-06-01 ·cited 28×
  The Florida Supreme Court quashed an alternative writ of mandamus, holding that mandamus is not an appropriate remedy when a party has an adequate remedy by writ of error and when substantial third-party interests are involved.
• Elizabethport Cordage Co. v. Whitlock
  37 Fla. 190· Fla.· 1896-01-01 ·cited 28×
  Elizabethport Cordage Company sought to foreclose a mortgage executed by William S. Whitlock in 1877, claiming to have acquired rights through an assignment of an earlier 1875 mortgage to Waterbury and Marshall. The Florida Supreme Court held that the corporation cannot be subrog
• The State of Fla. ex rel. Antonia E. Sanchez v. Rhydon M. Call
  36 Fla. 305· Fla.· 1895-06-01 ·cited 28×
  Florida Supreme Court ordered a circuit judge to enter a corrected judgment in proper form after the Court had reversed an earlier judgment solely for defective form, holding that the judge's duty to enter the corrected judgment was ministerial rather than discretionary and there
• Brown v. State
  29 Fla. 494· Fla.· 1892-01-01 ·cited 28×
  The Florida Supreme Court denied a motion to vacate its prior reversal judgment. The court held that once its mandate was issued and filed in the lower court, and the case record was amended there, the appellate court lost jurisdiction to reconsider its decision.
• Webster v. Barnett
  17 Fla. 272· Fla.· 1879-06-01 ·cited 28×
  Norman Webster appeals a judgment for $523.33 entered against him in a breach of promissory note action. The Florida Supreme Court reversed the judgment because the trial court improperly maintained a joint action against both the note's maker (Blew) and endorser (Webster), whose
• House v. State
  127 Fla. 145· Fla.· 1937-02-17 ·cited 27×
  Albert House sought habeas corpus relief from an incomplete 1925 judgment and sentence that lacked an express adjudication of guilt. After remand by the Florida Supreme Court for a proper sentence, the trial court re-sentenced House in 1936. House challenged this new sentence, ar
• Int'l Shoe Co. v. Hewitt
  123 Fla. 587· Fla.· 1936-03-31 ·cited 27×
  In this wrongful death action arising from a fatal automobile accident, the Florida Supreme Court addresses issues of party joinder, tort liability under respondent superior, and damages calculation. The court affirms the judgment against all defendants jointly but reduces the ve
• E. Coast Lumber Co. v. The Ellis-Young Co.
  55 Fla. 256· Fla.· 1908-01-01 ·cited 27×
  East Coast Lumber Company sought damages from Ellis-Young Company for conversion of turpentine and rosin removed from lands in Baker County, Florida. The trial court excluded critical evidence regarding the plaintiff's chain of title, resulting in a jury verdict for the defendant
• Bennett v. Williams
  149 Fla. 4· Fla.· 1941-12-12 ·cited 26×
  This case reviews a directed verdict concerning interest on two promissory notes. The appellate court affirmed the judgment, holding that the notes' interest provisions, despite a minor omission, were not fatally ambiguous and were clarified by the parties' conduct.
• The N. Am. Accident Ins. Co. v. Moreland
  60 Fla. 153· Fla.· 1910-06-01 ·cited 26×
  North American Accident Insurance Company challenges a default judgment in favor of Nellie Moreland on an accidental death insurance policy. The Florida Supreme Court affirms, holding that the declaration sufficiently alleged a cause of action by alleging death from gunshot wound
• United States ex rel. Foley v. Ragen
  143 F.2d 774· 7th Cir.· 1944-06-10 ·cited 24×
  The court held that the district court lacked jurisdiction to entertain the habeas corpus petition because the relator had not exhausted his available state remedies.
• Jones v. Cook
  146 Fla. 253· Fla.· 1941-02-25 ·cited 24×
  Ivan Jones challenged his arrest under municipal ordinances for disturbing the peace and damaging public property via habeas corpus, arguing that defects in the charging warrants were reviewable through that writ. The Florida Supreme Court held that while habeas corpus can test t
• State ex rel. Val Campbell & Pluma Louise Palmer v. Forrest Chapman
  145 Fla. 647· Fla.· 1941-01-15 ·cited 24×
  The Florida Supreme Court held that a petition for letters of administration filed in Sarasota County Court, which alleged the deceased was "late of Sarasota County" and left property there, was sufficient to invoke the county judge's jurisdiction over the probate matter. The Cou
• Cent. Hanover Bank & Tr. Co. v. Pan-American Airways, Inc.
  126 Fla. 736· Fla.· 1937-01-02 ·cited 24×
  Pan-American Airways sought to condemn land for an air terminal and seaplane base under Florida law. The circuit court ruled that Pan-American had the legal right to condemn the property but retained the case for jury trial on compensation. The Florida Supreme Court held that thi
• Fid. & Deposit Co. of Md. v. Sholtz
  123 Fla. 837· Fla.· 1935-02-11 ·cited 24×
  Fidelity & Deposit Company seeks to recover on an official bond of Frank Brown, former Clerk of Duval County Circuit Court, for funds allegedly misappropriated. The Florida Supreme Court holds that the State of Florida has priority to recover tax revenues collected by Brown from
• Tart v. State
  96 Fla. 77· Fla.· 1928-06-26 ·cited 24×
  The Florida Supreme Court dismissed a writ of error and denied a petition for certiorari, holding that these appellate remedies were not appropriate for reviewing an interlocutory order striking pleas of autrefois acquit. The court emphasized that such errors, if any, should be a
• S. Fla. Lumber & Supply Co. v. Payton R. Read
  65 Fla. 61· Fla.· 1913-01-28 ·cited 24×
  South Florida Lumber & Supply Company obtained a judgment against P.R. Read and his partners for materials supplied, and against Langford/Simmons, Langford & Company for a lien on real property. The Florida Supreme Court reversed the judgment as to Langford on appeal, but when So
• Mizell Live Stock Co. v. The J. J. McCaskill Co.
  57 Fla. 118· Fla.· 1909-01-01 ·cited 24×
  The Florida Supreme Court dismissed a writ of error for lack of a final judgment. The lower court entered a non-suit but failed to issue a formal final judgment declaring the legal consequences of that non-suit, which the court held was insufficient to support appellate review.
• Allen v. Lewis
  38 Fla. 115· Fla.· 1896-06-01 ·cited 24×
  The Florida Supreme Court addressed procedural defects in bills of exceptions and the record on a writ of error from an order granting a new trial. The court clarified the requirements for separate evidentiary bills and ordinary bills of exceptions, and the proper content and for
• Williams v. Hutchinson
  26 Fla. 513· Fla.· 1890-06-01 ·cited 24×
  Four consolidated appeals from orders dissolving ancillary attachments in assumpsit actions. The Florida Supreme Court addresses whether dissolution orders constitute final judgments appealable before plea, the legal requirements for service of appellate writs, and dismisses the
• Isiah (Izell) Chambers v. State
  111 Fla. 707· Fla.· 1933-12-19 ·cited 23×
  Four defendants convicted of first-degree murder in the robbery and beating death of Robert M. Darsey appealed their death sentences. The Florida Supreme Court initially affirmed their convictions on the merits, but subsequently granted leave for them to petition for writ of erro
• State v. Snow
  113 Fla. 241· Fla.· 1933-12-11 ·cited 23×
  The Florida Supreme Court reversed a lower court decision that quashed an alternative writ of mandamus seeking to compel Broward County officials to levy, assess, and collect taxes to pay past-due bonds and interest coupons of special tax school districts. The Court held that sta
• The Bd. of Cnty. Comm'rs v. State
  96 Fla. 495· Fla.· 1928-10-16 ·cited 23×
  The Florida Supreme Court held that a candidate who lost a tied primary election and was then nominated by the party's executive committee is still entitled to have his name printed on the general election ballot by petition, because the statute limiting write-in candidates appli
• Fariss v. Holly
  95 Fla. 360· Fla.· 1928-02-24 ·cited 23×
  In this replevin action, the trial court entered judgment against the defendant and sureties on a forthcoming bond after a jury verdict for the plaintiffs. The trial court later vacated the judgment as to the sureties, and the Florida Supreme Court reversed that vacation order, h
• DeSoto Holding Co. v. Boyer
  85 Fla. 517· Fla.· 1923-06-11 ·cited 23×
  The court considered a motion to strike a bill of exceptions and a motion for a new trial. The appellate court granted the motion to strike because the motion for a new trial was not properly presented to the judge within the statutory time limits and with the required notice, re
• Swilley v. State
  76 Fla. 173· Fla.· 1918-08-03 ·cited 23×
  This case concerns whether a defendant's statement about a friend potentially paying costs affects their insolvency for the purpose of appealing a conviction. The court held that the defendant's ability to pay, not a friend's potential willingness, determines insolvency.
• Woodson v. State
  19 Fla. 549· Fla.· 1882-06-01 ·cited 23×
  Thomas Woodson, convicted of a felony and sentenced to six months imprisonment, obtained a writ of error to appeal his conviction but escaped from jail while the appeal was pending. The Florida Supreme Court held that it would dismiss the writ of error because an escaped prisoner
• Odsen v. Moore
  445 F.2d 806· 1st Cir.· 1971-06-14 ·cited 22×
  The court held that an inordinate and inexcusable delay in pursuing state appellate remedies may constitute a denial of due process, allowing federal habeas corpus relief.
• Jere Lane Henry v. Tinsley
  344 F.2d 109· 10th Cir.· 1965-04-12 ·cited 22×
  The court held that the appellant had not exhausted his state court remedies, as required by 28 U.S.C. § 2254, when he filed his federal habeas corpus petition.
• Deeb v. Gandy
  110 Fla. 283· Fla.· 1933-05-23 ·cited 22×
  This case reviews a habeas corpus proceeding where the plaintiff in error was denied bail on a first-degree murder charge. The appellate court determined that the evidence did not clearly establish premeditated design, thus entitling the plaintiff in error to bail.
• State Rd. Dep't of the State of Fla. v. Zetrouer
  105 Fla. 650· Fla.· 1932-06-08 ·cited 22×
  The State Road Department sought review of a condemnation judgment awarding $4,725 plus attorney's fees to landowner Zetrouer. The Florida Supreme Court held that a condemnor may appeal a judgment in its favor when challenging its excessiveness, and need not deposit the award int
• Pittsburg Steel Co. v. Streety
  60 Fla. 183· Fla.· 1910-06-01 ·cited 22×
  The court dismissed the appeal because the writ of error was issued before a final judgment was entered, rendering it ineffectual. A new writ of error would be required to review the subsequently entered nunc pro tunc judgment.
• Ex-Parte Ephraim Williams
  26 Fla. 310· Fla.· 1890-06-01 ·cited 22×
  Ephraim Williams sought habeas corpus relief after being sentenced to two years hard labor for larceny, arguing the trial court lost jurisdiction to impose this sentence because it had previously ordered only payment of costs with postponement of sentencing, which he claimed cons
• Loring v. Wittich
  16 Fla. 323· Fla.· 1878-01-01 ·cited 22×
  The Florida Supreme Court held that a writ of error naming multiple parties as plaintiffs in error may be amended to strike out parties who were not defendants in the judgment being appealed, and that such amendments are within the court's power under English common law and appli
• Ex parte Henderson
  6 Fla. 279· Fla.· 1855-02-01 ·cited 22×
  The Florida Supreme Court holds that Circuit Courts have jurisdiction to hear and adjudicate appeals from Justices of the Peace, treating such appeals as essentially original jurisdiction rather than strictly appellate review. The court rejects the argument that only the Supreme
• Baskin v. Klemm
  118 Fla. 657· Fla.· 1935-03-06 ·cited 21×
  In this second appeal, the Florida Supreme Court affirmed a mandamus judgment requiring a municipality to levy taxes for defaulted bond interest, while allowing the lower court to consider spreading the levy over multiple years in light of the municipality's depressed financial c
• Wolfe v. City of Miami
  114 Fla. 238· Fla.· 1934-03-09 ·cited 21×
  The Florida Supreme Court held that a plaintiff who obtained a new trial cannot pursue a cross-writ of error to challenge trial court rulings that allegedly caused the jury's initial verdict against her, because she is not an "aggrieved party" under the statute permitting writs o
• State Ex Rel. A. McLeod v. Logan
  87 Fla. 348· Fla.· 1924-04-05 ·cited 21×
  The Florida Supreme Court affirmed the denial of a writ of habeas corpus, holding that the writ cannot be used to avoid a criminal charge when the petitioner is not currently deprived of liberty but is instead under an appearance bond. Habeas corpus is not a substitute for a writ
• State v. Dillon
  75 Fla. 785· Fla.· 1918-05-31 ·cited 21×
  Swift was convicted in municipal court of violating a Miami city ordinance imposing a $10 license tax on real estate agents, and imprisoned for failing to pay. On habeas corpus, the Florida Supreme Court affirmed the conviction, holding that the city charter authorized license ta
• The State of Fla. ex rel. Helen S. Burbridge v. Rhydon M. Call
  41 Fla. 450· Fla.· 1899-06-01 ·cited 21×
  The Florida Supreme Court held that mandamus is not the proper remedy for challenging an interlocutory decree denying service by publication on a non-resident defendant administratrix, because appeal is an adequate alternative remedy. The court emphasized that mandamus is an extr
• State OF Fla. on relation of N. St. Lucie River Drainage Dist. v. Honorable A. O. Kanner
  152 Fla. 400· Fla.· 1943-02-19 ·cited 20×
  A drainage district sought a writ of mandamus to compel a circuit judge to enter a decree pro confesso against lands for delinquent drainage taxes. The Florida Supreme Court denied mandamus, holding that a decree pro confesso cannot be entered against lands themselves, only again
• Hewitt v. Int'l Shoe Co.
  110 Fla. 37· Fla.· 1933-05-03 ·cited 20×
  The Florida Supreme Court held that a judgment of non prosequitur (dismissal for failure to prosecute) entered against a plaintiff is a final, appealable judgment when it results from the plaintiff's refusal to proceed under adverse court rulings on pleadings. The Court reversed
• Busch v. Goodno
  99 Fla. 517· Fla.· 1930-06-06 ·cited 20×
  This case involves a dispute over the payment of court costs before a writ of error could be issued. The plaintiffs in error sought to offset their obligation to pay costs with a judgment they held against the defendant, but the court held this was not permissible under the statu
• State Rd. Dep't of the State of Fla. v. Crill
  99 Fla. 1012· Fla.· 1930-05-05 ·cited 20×
  The Florida Supreme Court dismissed a writ of error challenging an order dismissing part of a condemnation petition, holding that the order was not a final judgment because the underlying condemnation case remained pending. The court clarified that a judgment is final only when i
• Maddox Grocery Co. v. Hay
  87 Fla. 492· Fla.· 1924-05-20 ·cited 20×
  Maddox Grocery Company sought to review an order directing delivery of Carr Brothers' property seized by sheriffs to a federal receiver. The Florida Supreme Court affirmed, holding that the federal district court's prior jurisdiction over the res gave it exclusive control to the
• Gamble v. The State of Fla. ex rel. M. A. Cassady
  61 Fla. 233· Fla.· 1911-01-01 ·cited 20×
  This case concerns whether a board of county commissioners could be compelled by mandamus to immediately construct a courthouse after the previous structure was destroyed by fire. The Florida Supreme Court held that the decision of whether and when to build a courthouse rests wit
• Lee v. Van Pelt
  57 Fla. 94· Fla.· 1909-01-01 ·cited 20×
  Oscar Lee sought habeas corpus relief challenging his arrest and detention on a petit larceny charge, arguing the affidavit supporting the arrest warrant lacked probable cause because the affiant had no personal knowledge of the facts. The Florida Supreme Court affirmed the denia
• Cornell v. Franklin
  40 Fla. 149· Fla.· 1898-01-01 ·cited 20×
  The Florida Supreme Court denied a motion to amend a writ of error to include a co-judgment debtor as a plaintiff in error where the statutory period for filing the writ had expired as to that co-debtor. The court held that it will not exercise its discretionary power to permit a
• Williams v. LaPenotiere
  32 Fla. 491· Fla.· 1893-06-01 ·cited 20×
  In this contract action for attorney's fees, the Florida Supreme Court reversed a judgment for the plaintiff-attorney because the trial court improperly instructed the jury to give greater weight to expert testimony over the defendant's own testimony regarding the value of servic