Writ Of Error

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

• Shear v. Cnty. Comm'rs of Columbia Cnty.
  14 Fla. 146· Fla.· 1872-01-01 ·cited 20×
  This case concerns whether a court can review a county commissioner's discretionary decision on property valuation for tax assessment purposes. The court held that such discretionary decisions, when made within the scope of legal authority, are generally not subject to judicial r
• Patten v. Daoud
  152 Fla. 448· Fla.· 1943-03-02 ·cited 19×
• Bozel v. Hudspeth
  126 F.2d 585· 10th Cir.· 1942-03-03 ·cited 19×
  The court held that habeas corpus is not an appropriate remedy to correct alleged errors of law occurring in a trial over which the court had jurisdiction, including claims of illegal search and seizure or improper removal.
• Bd. Pub. Instruction for Cty. of St. Lucie v. Connor
  148 Fla. 364· Fla.· 1941-10-31 ·cited 19×
  This case concerns a teacher nominated for a position by school trustees but refused appointment by the Board of Public Instruction. The court held the Board liable for the teacher's salary, establishing an implied contract based on the Board's statutory duty.
• Huddleston v. Graham
  73 Fla. 350· Fla.· 1917-02-12 ·cited 19×
  In this ejectment action, the Florida Supreme Court held that a prior equity decree dismissing a trust claim was res adjudicata against the plaintiff's successor-in-interest, barring her ejectment action based on the same property dispute. The Court affirmed the trial court's dir
• Thornton v. Eppes
  6 Fla. 546· Fla.· 1856-01-01 ·cited 19×
  The Florida Supreme Court affirmed the dismissal of a chancery suit based on a prior judgment in detinue, holding that a judgment rendered on the merits after jury trial bars a subsequent suit for the same cause of action, even if the jury instruction may have been erroneous, abs
• Martin v. Hiatt
  174 F.2d 350· 5th Cir.· 1949-05-09 ·cited 18×
  The court held that 28 U.S.C. § 2255 does not suspend the writ of habeas corpus but rather provides an alternative remedy. Therefore, a prisoner must first seek relief under § 2255 before filing a habeas corpus petition.
• ONG v. United States
  131 F.2d 175· 4th Cir.· 1942-11-06 ·cited 18×
  A motion to vacate a judgment is only valid if the judgment is void on its face, and cannot be used to review trial proceedings after the appeal period has expired.
• Reffkin v. Mayo
  115 Fla. 214· Fla.· 1934-06-09 ·cited 18×
  John Reffkin, convicted of fraud and sentenced to five years imprisonment in Florida, challenges his rearrest following a vacated habeas corpus discharge order. The Supreme Court holds that Judge Stringer's January 21, 1933 order discharging Reffkin from custody was valid and tha
• Dixon v. State
  77 Fla. 143· Fla.· 1919-02-04 ·cited 18×
  The Florida Supreme Court affirmed a conviction for arson, holding that technical errors during trial were not prejudicial given the clear and ample evidence of guilt. The court also found that the trial court properly denied a motion for a new trial based on newly discovered evi
• Montgomery v. State
  54 Fla. 73· Fla.· 1907-06-01 ·cited 18×
  Montgomery was convicted of embezzlement as a lodge treasurer. On appeal, he challenged the conviction via writ of error based on denial of jury challenges and a motion for new trial, but his bill of exceptions was not properly authenticated by the trial judge due to the judge's
• Hayman v. Weil
  53 Fla. 127· Fla.· 1907-01-01 ·cited 18×
  In this 1907 Florida Supreme Court case, stockholders of Sarasota Ice, Fish and Power Company sued individual defendants as joint obligors to recover a debt allegedly owed under a statute requiring paid-in capital before incorporation. The court reversed the judgment because serv
• The State of Fla. ex rel. S. v. Duke
  49 Fla. 380· Fla.· 1905-01-01 ·cited 18×
  Florida Supreme Court determined that a writ of error is not essential for the Circuit Court to exercise appellate jurisdiction over a mayor's court judgment when an appeal is properly taken under Chapter 4021 (1891). The court issued mandamus to compel the Circuit Court judge to
• The Fla. Cent. & Peninsular R.R. Co. v. Bear
  43 Fla. 319· Fla.· 1901-06-01 ·cited 18×
  The Florida Supreme Court dismissed a railroad company's writ of error because the company failed to pay the compensation awarded to a landowner for condemned land. This failure rendered the condemnation proceedings null and void, leaving nothing for the appellate court to review
• Sanchez v. Haynes
  35 Fla. 619· Fla.· 1895-01-01 ·cited 18×
  The Florida Supreme Court reversed a default judgment against Sanchez where suit was brought in St. Johns County without proper jurisdiction. The court held that under the 1887 statute permitting out-of-county service, such service is only valid when the suit is brought in a coun
• United States v. Ragen
  246 F.2d 264· 7th Cir.· 1957-07-03 ·cited 17×
  A federal court cannot grant habeas corpus relief if the petitioner has not exhausted state remedies by presenting the same federal claims to state courts, and the claims themselves do not present grounds for federal relief.
• United States ex rel. Donald H. Lilyroth v. Ragen
  222 F.2d 654· 7th Cir.· 1955-05-25 ·cited 17×
  The court held that a petitioner must exhaust state remedies and cannot present different facts to federal court than were presented to state court.
• State v. Clark
  148 Fla. 452· Fla.· 1941-11-14 ·cited 17×
  A Florida father sought custody of his minor children from their mother in a habeas corpus action. The Florida Supreme Court affirmed dismissal for lack of jurisdiction, holding that a court must have jurisdiction over the children themselves—not just the parties—to determine cus
• Fla. Dairies Co. v. Ward
  131 Fla. 76· Fla.· 1938-01-22 ·cited 17×
  Florida Dairies Company appeals an order granting a new trial in a negligence action brought by Charles D. Ward, Jr., for injuries sustained in a collision between his car and the defendant's milk truck. The Florida Supreme Court affirmed the trial court's grant of a new trial, h
• Bishop v. Chillingworth
  114 Fla. 286· Fla.· 1934-03-19 ·cited 17×
  The Florida Supreme Court held that mandamus is the proper remedy to compel a circuit judge to rule on a motion for a new trial on its merits after the judge improperly struck the motion as untimely presented. The court established that appellate courts have inherent power to iss
• State v. Petteway
  96 Fla. 74· Fla.· 1928-06-26 ·cited 17×
  This case concerns a writ of mandamus sought to compel a judge to retry a case after a previous judgment was reversed. The Florida Supreme Court quashed the writ because the judge had since entered a final judgment dismissing the case, making mandamus an improper remedy to correc
• Barwick v. Lenora Rouse
  53 Fla. 643· Fla.· 1907-01-01 ·cited 17×
  Barwick challenges a default judgment obtained against him in assumpsit for promissory notes, arguing the sheriff's return of service on his wife was fatally defective. The Florida Supreme Court held that the return failed to comply with statutory service requirements and reverse
• Hanley v. State
  50 Fla. 82· Fla.· 1905-06-01 ·cited 17×
  This case concerns whether a criminal trial held on a Sunday is void. The appellate court affirmed the denial of a writ of habeas corpus, finding that the trial court's official record indicated the trial concluded on Saturday, not Sunday, and that such records import verity and
• Nash v. Haycraft
  34 Fla. 449· Fla.· 1894-06-01 ·cited 17×
  This case involves a motion to dismiss a writ of error because not all parties to a joint judgment joined in the appeal and because a surety on the supersedeas bond was a practicing attorney. The court granted the motion to amend the writ to include the omitted party but allowed
• Ephraim Harrison v. Thurston & Buist
  11 Fla. 307· Fla.· 1867-01-01 ·cited 17×
  Harrison appealed the denial of his motion to dissolve an attachment in the Circuit Court of Nassau County. The Florida Supreme Court dismissed the appeal for lack of jurisdiction, holding that the order refusing to dissolve the attachment was not a final judgment because the und
• Salario v. Latin-American Bank
  104 Fla. 256· Fla.· 1932-02-17 ·cited 16×
  The Florida Supreme Court held that certiorari is an appropriate remedy to review a final judgment from an abolished Civil Court of Record when no other appellate remedy remains available due to the statutory abolition of that court. The court denied respondent's motion to supers
• Johnson v. Clutter Music House
  55 Fla. 385· Fla.· 1908-01-01 ·cited 16×
  This case involves an action of replevin where the jury awarded a monetary sum instead of the property itself or its value. The appellate court reversed the judgment, finding the verdict and subsequent judgment fatally defective because they did not comply with statutory requirem
• Mullikin v. Harrison
  53 Fla. 255· Fla.· 1907-01-01 ·cited 16×
  Mechanics lien case where subcontractors sued the building owner R.K. Mullikin for unpaid labor and materials. The Florida Supreme Court reversed the judgment, holding that subcontractors without direct privity to the owner must serve written notice on the owner and can only enfo
• Heebner v. Town of Orange City
  44 Fla. 159· Fla.· 1902-01-01 ·cited 16×
  The Florida Supreme Court dismissed an appeal because the appellant improperly used an appeal instead of a writ of error to challenge a judgment at law. The court clarified that after the Revised Statutes, appeals are generally not permitted from judgments at law.
• Hamburg v. the Liverpool & London & Globe Ins. Co.
  42 Fla. 86· Fla.· 1900-01-01 ·cited 16×
  Simon Hamburg sued the Liverpool and London and Globe Insurance Company on a fire insurance policy pledged to the Indian River State Bank as security for Hamburg's debt. After multiple amendments to the declaration changing the parties plaintiff, the bank ultimately became sole p
• Glaser v. Hackett
  38 Fla. 84· Fla.· 1896-06-01 ·cited 16×
  The Florida Supreme Court upheld the validity of a bill of exceptions signed by the trial judge, holding that appellate courts cannot attack a properly attested bill of exceptions in their possession, even upon allegations of fraud and deceit in its procurement. The court rejecte
• Brown v. Harley
  2 Fla. 159· Fla.· 1848-01-01 ·cited 16×
  A Florida Supreme Court case addressing the proper procedure for scire facias writs to revive judgments. The Court reversed the lower court's judgment, finding the scire facias writ defective because it alleged suggestion of execution to the now-defunct Superior Court rather than
• Orloff M. Dorman v. Bigelow
  1 Fla. 281· Fla.· 1847-01-01 ·cited 16×
  In this 1847 Florida Supreme Court case, the court affirmed judgment against an endorser of a promissory note who promised to stand as security for payment. The court rejected arguments that the Statute of Frauds required the consideration to be expressed in writing on the endors
• Earnest Donald Smith v. State
  187 So. 2d 61· Fla. 2d DCA· 1966-06-03 ·cited 15×
  Certiorari is denied because the order denying a continuance is interlocutory and any error can be reviewed on the pending appeal.
• United States ex rel. Peters v. Ragen
  178 F.2d 377· 7th Cir.· 1949-12-02 ·cited 15×
  The court held that federal courts must require exhaustion of newly available state remedies before entertaining habeas corpus petitions, even if the new remedy was enacted after the lower court's decision.
• Cacciatore v. State
  147 Fla. 758· Fla.· 1941-07-22 ·cited 15×
  Lois Cacciatore was convicted of possessing intoxicating beverages without state excise tax stamps and sought review via writ of error. The circuit court dismissed the writ of error on grounds that the transcript was not filed within the original return date and that the court la
• Tubb v. Mayo
  128 Fla. 190· Fla.· 1937-05-10 ·cited 15×
  Petitioner challenged his conviction for breaking and entering with intent to commit felony larceny, arguing the conviction was void because the trial court imposed a sentence for a non-existent crime ("breaking and entering and petit larceny"). The Florida Supreme Court held tha
• St. Andrews Bay Lumber Co. v. Bernard
  106 Fla. 235· Fla.· 1932-07-19 ·cited 15×
  The Florida Supreme Court affirmed a judgment, holding that the appellant's failure to properly assign errors precluded review of the evidence sufficiency and the denial of a directed verdict.
• Erwin v. Dekle
  60 Fla. 56· Fla.· 1910-06-01 ·cited 15×
  In this ejectment action, the Florida Supreme Court reversed a judgment for Dekle based on an affirmative charge to the jury. The Court held that an agreement to dismiss a prior ejectment suit cannot serve as a basis for title by estoppel in an ejectment action, as ejectment requ
• The State of Fla. ex rel. Merchs. Nat'l Bank v. Noble A. Hull
  37 Fla. 579· Fla.· 1896-01-01 ·cited 15×
  This case concerns whether a clerk of court can order the sale of perishable property seized under attachment, even when writs of error and supersedeases have been filed, removing the case to the appellate court. The court held that such a sale is permissible to preserve the prop
• McKay v. Friebele
  8 Fla. 21· Fla.· 1858-01-01 ·cited 15×
  In this assumpsit action, the Florida Supreme Court affirmed the trial court's judgment overruling the defendant's demurrer to the plaintiff's declaration and upheld the refusal to give certain jury instructions. The court held that even though the special count had defects, the
• Raanan Katz v. King
  627 F.2d 568· 1st Cir.· 1980-07-29 ·cited 14×
  The court held that the petitioner's claims were largely unexhausted in state court or lacked constitutional merit, and that any procedural defects in sentencing were cured by subsequent proceedings.
• United States ex rel. Roger Touhy v. Ragen
  224 F.2d 611· 7th Cir.· 1955-07-20 ·cited 14×
  The court held that the relator had not sufficiently exhausted his state court remedies regarding his conviction for aiding an escape, and therefore the district court erred in discharging him.
• Robbins v. Green
  218 F.2d 192· 1st Cir.· 1954-12-21 ·cited 14×
  The federal court correctly denied the warden's motion to dismiss the habeas corpus petition, as the prisoner had exhausted state remedies due to his inability to afford an appeal.
• Goldfarb v. Bronston
  154 Fla. 180· Fla.· 1944-02-15 ·cited 14×
  The Florida Supreme Court dismissed an appeal from an interlocutory judgment striking the first four counts of a negligence and wrongful death declaration, holding that an appeal cannot be taken until a final judgment disposes of the entire cause. The court reaffirmed the longsta
• Hatzenbuhler v. Talbot
  132 F.2d 192· 7th Cir.· 1942-12-08 ·cited 14×
  The court held that an order denying a motion to satisfy a judgment of record is not a final decision and therefore not appealable.
• Biscayne Beach Theatre, Inc. v. Hill
  151 Fla. 1· Fla.· 1942-06-30 ·cited 14×
  The Florida Supreme Court reviewed a negligence verdict against a theater company on certiorari, focusing on whether the trial court improperly allowed plaintiff's counsel to treat defendant's confession-and-avoidance plea as an admission of negligence that conflicted with the ge
• Harrison v. Murphy
  132 Fla. 579· Fla.· 1938-05-18 ·cited 14×
  The Florida Supreme Court affirmed the denial of a writ of prohibition sought by Harrison, a criminal defendant challenging the validity of jury panels in his multiple prosecutions. The Court held that prohibition is not available to challenge jury selection irregularities when t
• State v. Prescott
  110 Fla. 261· Fla.· 1933-05-18 ·cited 14×
  The Florida Supreme Court quashed a writ of habeas corpus, holding that a prior circuit court judgment on the same issues was res judicata and barred a subsequent habeas corpus petition in the Supreme Court. This case clarifies the finality of circuit court judgments in original
• Melbourne State Bank v. Gillette
  101 Fla. 235· Fla.· 1931-04-15 ·cited 14×
  Melbourne State Bank sought a writ of error to challenge an order vacating a judgment in a claim proceeding and remanding the property dispute to jury trial. The Florida Supreme Court dismissed the writ, holding that the order was neither a final judgment nor an order granting a