Writ Of Error

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

• Sewell v. Sewell
  91 Fla. 982· Fla.· 1926-05-20 ·cited 14×
  Grace Johnson Sewell appealed an order granting defendants a new trial in her alienation of affections lawsuit after she refused to enter a remittitur reducing her $45,000 jury verdict to $30,000. The Florida Supreme Court affirmed, holding that when a plaintiff refuses the trial
• Clinton v. Colclough
  54 Fla. 520· Fla.· 1907-06-01 ·cited 14×
  Joseph N. Clinton appealed an order declaring an execution legal and a judgment against him on his bond in an affidavit of illegality proceeding. The Florida Supreme Court dismissed the appeal, holding that proceedings on affidavits of illegality are statutory proceedings at law
• Dexter v. Seaboard Air Line Railway
  52 Fla. 250· Fla.· 1906-06-01 ·cited 14×
  The Florida Supreme Court dismissed a writ of error challenging a judgment for costs alone, holding that a judgment awarding only costs without adjudicating the merits of the case is not a final judgment capable of supporting appellate review.
• Ropes v. Lansing
  46 Fla. 231· Fla.· 1903-06-01 ·cited 14×
  The Florida Supreme Court dismissed a writ of error because the judgment being challenged was not final, as the case remained pending against the other defendant (Curry). The court held that a judgment dismissing claims against only one codefendant, while the case continues again
• Columbia Cnty. v. Branch
  31 Fla. 62· Fla.· 1893-01-01 ·cited 14×
  Columbia County appeals a judgment entered against it for coupons representing interest on railroad bonds. The Supreme Court reverses, finding the lower court erred in entering a judgment for coupons not properly declared upon and in allowing an amendment to the bill of particula
• Roberts v. State
  26 Fla. 360· Fla.· 1890-06-01 ·cited 14×
  The Florida Supreme Court affirmed a conviction for selling liquor without a license. The court found the indictment sufficiently charged the crime and that the defendant's actions constituted a misdemeanor regardless of any alleged refusal by an officer to grant a permit.
• Augustus F. Anderson v. State
  20 Fla. 381· Fla.· 1883-06-01 ·cited 14×
  Augustus F. Anderson was indicted for feloniously altering the mark of a cow in March 1880, but the indictment was not filed until April 1882—nearly two years after the alleged offense. The Florida Supreme Court held that the prosecution violated the state's two-year statute of l
• Bird v. State
  18 Fla. 493· Fla.· 1881-06-01 ·cited 14×
  Benjamin Bird was convicted of murder in the first degree for killing Joseph Nelson, a police officer, during a riot at Clark's mill in Jacksonville. Bird appeals on grounds that the indictment was defectively worded, the jury improperly separated and consumed alcohol, and the ve
• Mitchell v. Maxwell
  2 Fla. 594· Fla.· 1849-01-01 ·cited 14×
  In this 1849 case, the Florida Supreme Court addressed the proper procedure for enforcing a statutory right to sell a mortgagor's equity of redemption under execution. The court held that while the statute authorizing such sales is valid, the trial court must take affirmative ste
• State v. The Court of Crimes
  117 Fla. 26· Fla.· 1934-10-15 ·cited 13×
• Lafayette Fire Ins. Co. v. Lenora Davis Camnitz
  111 Fla. 556· Fla.· 1933-07-27 ·cited 13×
  Lafayette Fire Insurance Co. appealed a fire insurance total loss claim where the jury found damages of $2,500, and the Civil Court of Record granted defendant a new trial. The circuit court reversed the new trial order, but the Supreme Court of Florida found the circuit court's
• Grayson v. Kessler Montgomery
  421 F.2d 1306· 1st Cir.· 1970-02-12 ·cited 12×
  The court held that federal courts should not grant equitable relief to a state prisoner challenging his conviction or sentence when he has not exhausted available state remedies, even if the claim is brought under the Civil Rights Act.
• Buchanan v. O'Brien
  181 F.2d 601· 1st Cir.· 1950-05-02 ·cited 12×
  The court held that the district court did not err in dismissing the petition for a writ of habeas corpus without prejudice, as the petitioner had not yet fully exhausted his state remedies.
• Stansell v. MRS. Lucile Minish Marlin
  153 Fla. 421· Fla.· 1943-07-20 ·cited 12×
  The Florida Supreme Court affirmed a judgment awarding workers' compensation benefits to a widow and dependent of a deceased employee, holding that circuit courts have original jurisdiction to hear appeals from the Florida Industrial Commission regarding workers' compensation awa
• Evaporated Milk Ass'n v. Roche
  130 F.2d 843· 9th Cir.· 1942-09-12 ·cited 12×
  The court should not issue a writ of mandate to review the trial judge's ruling on pleas in abatement before a final judgment.
• Walker-Skagseth Food Stores, Inc. v. Nat'l Sur. Corp.
  148 Fla. 161· Fla.· 1941-09-16 ·cited 12×
  The court held that dismissal of a writ of error for failure to pay accrued costs was error when the costs were paid before the motion to dismiss and the opposing party stipulated to matters related to the bill of exceptions.
• Gore v. News-Journal Corp.
  146 Fla. 552· Fla.· 1941-04-08 ·cited 12×
  The court reviewed a final judgment for the defendant in a suit for breach of a supersedeas bond, which was posted to stay a peremptory writ of mandamus ordering a corporation to allow a stockholder to examine its books.
• Vassar v. State ex rel. Willie M. Gleason
  139 Fla. 213· Fla.· 1939-07-07 ·cited 12×
  The Florida Supreme Court affirmed a mandamus judgment requiring a county board of public instruction to appoint A. B. Connor as supervising principal of a county high school. The court held that trustees of special tax school districts have the statutory power to nominate teache
• State v. Hardie
  108 Fla. 437· Fla.· 1933-02-16 ·cited 12×
  Edgar Bennett Davis petitioned the Florida Supreme Court for a writ of habeas corpus after being committed to jail for contempt of court for failure to pay alimony. The Court denied the petition, holding that a Circuit Court's judgment in a prior habeas corpus proceeding is res a
• Coslick v. Finney
  104 Fla. 394· Fla.· 1932-03-03 ·cited 12×
  The Florida Supreme Court quashed a writ of certiorari, finding that the clerk of the circuit court had the authority to enter a default judgment for breach of real estate contracts. The court held that the judgment was valid because all prerequisites were met, and even if it wer
• Edwards v. Knight
  100 Fla. 1704· Fla.· 1931-01-12 ·cited 12×
  The Florida Supreme Court denied a respondent's motion to dismiss and motion to quash a writ of certiorari filed more than thirty days after the Circuit Court's affirmance of a judgment in a contract action. The Court reaffirmed that certiorari is a constitutional writ whose issu
• Chambers v. Cnty. of St. Johns
  94 Fla. 814· Fla.· 1927-10-29 ·cited 12×
  The Florida Supreme Court denied a petition for a writ of certiorari in condemnation proceedings, finding that the petitioners had not demonstrated sufficient irreparable harm to justify the extraordinary writ.
• Ex parte Chesser
  93 Fla. 590· Fla.· 1927-01-01 ·cited 12×
  Rufus Chesser was convicted of first-degree murder and sentenced to death. After exhausting direct appeals, he sought a stay of execution based on claims of post-conviction insanity. The Florida Supreme Court held that inquiries into a convict's sanity after judgment are collater
• Suttles v. Phoebe N. Burbridge
  91 Fla. 273· Fla.· 1926-02-11 ·cited 12×
  In this writ of error from a Circuit Court order granting a new trial, the Florida Supreme Court affirmed the lower court's decision, finding no error in the grant of a new trial to the plaintiff Suttles.
• The State of Fla. ex rel. L. S. Rhodes v. Goodson
  65 Fla. 475· Fla.· 1913-05-27 ·cited 12×
  The Florida Supreme Court dismissed a writ of error challenging the trial court's denial of a petition for an alternative writ of mandamus, holding that an order merely refusing the alternative writ without dismissing the case on the merits is not a final judgment reviewable by w
• Milteer v. Seaboard Air Line Ry. Co.
  65 Fla. 357· Fla.· 1913-04-09 ·cited 12×
  The Florida Supreme Court dismissed a writ of error because the lower court's entry, while styled as a final judgment, did not meet the legal definition of a final judgment sufficient to support an appeal. The court emphasized the necessity of a proper final judgment for appellat
• Am. Tie & Timber Co. v. Washington
  62 Fla. 117· Fla.· 1911-06-01 ·cited 12×
  American Tie & Timber Company appeals a judgment against it for $259.20 in a debt action. The Florida Supreme Court affirms, rejecting the defendant's contention that surprise at trial—when issues were joined and the case tried on the same day in the absence of defendant's counse
• Johnson v. Rhodes
  62 Fla. 220· Fla.· 1911-06-01 ·cited 12×
  In this ejectment action, the Florida Supreme Court affirmed a judgment for the defendant in a land dispute over approximately 200 acres. The defendant successfully proved title by both adverse possession for seven years under color of title and possession for over four years und
• Register v. Pringle Bros.
  58 Fla. 355· Fla.· 1909-06-01 ·cited 12×
  In this assumpsit action for goods sold, the Florida Supreme Court upheld a default judgment entered against defendants who filed a motion for a more definite bill of particulars on the same day a plea was due. The court held that the itemized account attached to the declaration
• Pensacola Bank & Tr. Co. v. The Nat'l Bank of St. Petersburg
  58 Fla. 340· Fla.· 1909-06-01 ·cited 12×
  The Florida Supreme Court dismissed a writ of error because the lower court's entry was not a final judgment, but merely an order for judgment and an award of costs. The court emphasized that a final judgment must adjudicate the merits of the case.
• Palmer v. Palmer
  41 Fla. 184· Fla.· 1899-01-01 ·cited 12×
  The court granted a motion to vacate a supersedeas bond because it was insufficient to protect the appellee's rights. The judgment included both a monetary award and possession of land, but the bond only covered the monetary aspect.
• State v. King
  20 Fla. 399· Fla.· 1884-01-01 ·cited 12×
  The Florida Supreme Court addressed whether a Circuit Court judge must try a forcible detainer appeal de novo. The court held that when a Circuit Court exercises appellate jurisdiction over County Court cases, it acts in an appellate capacity only, not original jurisdiction, and
• Williams v. State
  20 Fla. 391· Fla.· 1883-06-01 ·cited 12×
  A conviction for assault with intent to commit rape must be supported by evidence sufficient to warrant at least that verdict, and where the record contains no such evidence, the judgment must be reversed and a new trial awarded.
• Cook v. Yancey S. Cook
  18 Fla. 634· Fla.· 1882-01-01 ·cited 12×
  This case clarifies when a lawsuit can be dismissed under Florida's Circuit Court Rules of Practice. The court held that a case cannot be dismissed for failure to file a declaration if the defendant was never served with process, as the rules implicitly require service before dis
• Harris v. Ferris
  18 Fla. 81· Fla.· 1881-01-01 ·cited 12×
  The Florida Supreme Court held that dismissal of an appeal for informality or want of prosecution does not bar a party from taking a second appeal within the statutory period for appeals. The court rejected the argument that a dismissed appeal affirms the lower court decree and e
• Harry and Henry Weiskoph v. Dibble
  18 Fla. 22· Fla.· 1881-01-01 ·cited 12×
  The Florida Supreme Court denied a motion to dismiss a writ of error filed by defendants in the lower court. The court held that under Florida statute, a defendant obtaining a writ of error as a matter of right need not post a bond unless seeking a supersedeas, and that defects i
• Bowman v. Alvis
  224 F.2d 275· 6th Cir.· 1955-06-10 ·cited 11×
  The court held that habeas corpus cannot be used to review alleged errors in the original trial, only the legality of confinement.
• United States ex rel. Hanson v. Ragen
  166 F.2d 608· 7th Cir.· 1948-02-17 ·cited 11×
  A writ of habeas corpus cannot be used to review a conviction when the petitioner deliberately waived appellate rights and the trial court had jurisdiction.
• Schwenck v. Jacobs
  160 Fla. 33· Fla.· 1948-01-13 ·cited 11×
  The Florida Supreme Court held that a judgment sustaining a demurrer to a second amended declaration, resulting in dismissal of the plaintiff's suit, constitutes a final, appealable judgment. The Court rejected the defendants' motion to dismiss the appeal for lack of jurisdiction
• Jarvis v. Chapman
  118 Fla. 577· Fla.· 1934-12-26 ·cited 11×
  Martin F. Jarvis was convicted of first-degree murder and sentenced to death in Florida. On appeal, this case addresses whether alleged omissions from the certified copy of the conviction record delivered to the Governor violated statutory requirements or his constitutional right
• Bopp v. City of Miami
  114 Fla. 262· Fla.· 1934-03-09 ·cited 11×
  The Florida Supreme Court quashed a cross writ of error, holding that such a writ is not maintainable in advance of a final judgment when the original writ of error is directed to an order granting a new trial.
• State v. Allen
  82 Fla. 149· Fla.· 1921-07-29 ·cited 11×
  This case concerns the effect of a supersedeas on a prisoner held under a writ of habeas corpus. The court clarifies that a supersedeas, when granted, means the prisoner is held under the supersedeas bond, not the original capias, pending appeal.
• State ex rel. v. Newman
  24 Fla. 33· Fla.· 1888-01-01 ·cited 11×
  This case clarifies when a defendant in a criminal case can be compelled to pay court costs, particularly in relation to appeals. The court held that the constitutional provision preventing the collection of costs before a "final trial" applies only up to the point of conviction
• Saxton v. Patterson
  370 F.2d 112· 10th Cir.· 1966-12-16 ·cited 10×
  The court held that the appellant had not exhausted his available state remedies.
• State v. Herin
  80 So. 2d 331· Fla.· 1955-04-27 ·cited 10×
  The Florida Supreme Court addressed whether a writ of prohibition could be used to review a trial court's adverse ruling on a defendant's challenge to personal jurisdiction. The court held that prohibition is unavailable when the trial court has subject matter jurisdiction, as th
• McGARTY v. O'Brien
  180 F.2d 987· 1st Cir.· 1950-03-27 ·cited 10×
  The court affirmed the dismissal of the habeas corpus petition, holding that the petitioner had not exhausted his state remedies by failing to present his federal constitutional claim through available state procedures like a writ of error.
• United States ex rel. Bongiorno v. Ragen
  146 F.2d 349· 7th Cir.· 1945-01-05 ·cited 10×
  A federal court cannot grant habeas corpus relief based on claims of insufficient evidence or procedural errors that do not violate constitutional rights.
• Jacques v. Blanton
  133 Fla. 479· Fla.· 1938-07-14 ·cited 10×
  The Florida Supreme Court affirmed a lower court's denial of a writ of prohibition, holding that the petition failed to demonstrate that the county judge was acting in excess of or without jurisdiction. Prohibition is not a substitute for a writ of error or certiorari.
• City of Hollywood v. Bair
  130 Fla. 742· Fla.· 1937-07-31 ·cited 10×
  The Florida Supreme Court addressed procedural motions challenging the appellants' right to prosecute a writ of error, including questions about compliance with court rules and a corporation's tax delinquency. The Court held that a plaintiff who brings a corporation into court as
• Riddle v. Colliver
  116 Fla. 723· Fla.· 1934-10-01 ·cited 10×
  L. H. Riddle and J. P. Cochrane were sued by F. B. Colliver to recover a deficiency on a mortgage debt. The trial court initially granted motions for new trial and arrest of judgment, but later vacated those orders and rendered final judgment against both defendants. The Florida