Writ Of Error

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

• French v. Turner
  103 Fla. 425· Fla.· 1931-11-07 ·cited 10×
  The Florida Supreme Court affirmed a lower court's decision to quash a writ of habeas corpus, holding that a challenge to the statute of limitations on a criminal charge is a matter for trial, not habeas corpus.
• Bartlett v. Cohn
  97 Fla. 256· Fla.· 1929-02-21 ·cited 10×
  James Bartlett failed to appear or plead in response to Cohn's action, resulting in a default judgment and execution in 1927. The Florida Supreme Court reversed because the sheriff's return on the summons was insufficient to properly identify the defendant and establish jurisdict
• Rast v. State
  77 Fla. 225· Fla.· 1919-03-08 ·cited 10×
  John Walton Rast, a former Tax Collector convicted of embezzling over $100,000, appealed his conviction and sought a declaration that he was indigent and unable to pay appellate costs. The Florida Supreme Court reversed the trial court's denial of his indigency application, holdi
• C. W. Zaring & Co. v. Humphreys
  68 Fla. 6· Fla.· 1914-06-17 ·cited 10×
  The Florida Supreme Court dismissed a writ of error because the lower court's judgment, which only awarded costs to the defendant, was not a final judgment that could be appealed. The court emphasized that a final judgment must adjudicate the merits of the case.
• Wm. W. Flournoy v. Interstate Elec. Co.
  61 Fla. 214· Fla.· 1911-01-01 ·cited 10×
  The Florida Supreme Court dismissed a writ of error because the transcript of the record did not contain the final judgment that was supposed to be reviewed. This highlights the procedural requirement for complete records in appellate proceedings.
• Blanton v. The W. Coast Ry. Co.
  58 Fla. 169· Fla.· 1909-06-01 ·cited 10×
  The Florida Supreme Court dismissed a writ of error because the lower court record lacked a final judgment, which is a prerequisite for appellate review. The court clarified that a judgment for costs alone, without adjudicating the merits, does not constitute a final judgment.
• Birmingham Tr. & Sav. Co. v. Jackson Cnty. Mill Co.
  46 Fla. 236· Fla.· 1903-06-01 ·cited 10×
  The Florida Supreme Court dismissed a writ of error because the lower court's judgment, which only awarded costs to the defendant after a jury verdict, was not a final judgment sufficient to support an appeal.
• Exparte C. M. Cox
  44 Fla. 537· Fla.· 1902-06-01 ·cited 10×
  The Florida Supreme Court held that it lacks appellate jurisdiction to review a judgment rendered by one of its own justices in a habeas corpus proceeding because the state constitution confers appellate jurisdiction on the Supreme Court only from Circuit Courts and other specifi
• Christopher v. Newnham
  34 Fla. 370· Fla.· 1894-06-01 ·cited 10×
  This case addresses whether a writ of error was properly served to acquire jurisdiction over the defendant in error in an appeal from a claim suit judgment. The Florida Supreme Court held that service of the scire facias on an attorney who was not the attorney of record in the cl
• Smith v. Curtis
  19 Fla. 786· Fla.· 1883-01-01 ·cited 10×
  Martha Smith appealed a decree dismissing her bill in equity seeking to set aside a deed she made to Samuel Curtis. The Florida Supreme Court affirmed, holding that the deed was not procured by fraud or undue influence and was supported by adequate consideration (Curtis's agreeme
• Robinson v. L'Engle
  13 Fla. 482· Fla.· 1869-01-01 ·cited 10×
  Robinson appealed a judgment against him in a contract dispute with L'Engle's estate, raising issues about pleadings, set-offs, and evidentiary rulings. The Florida Supreme Court affirmed, holding that certain defenses to a lease obligation were legally insufficient, that amended
• Denison B. Wood and Nathaniel J. Deblois v. Bank of the State of Ga.
  1 Fla. 378· Fla.· 1847-01-01 ·cited 10×
  The Florida Supreme Court affirmed a default judgment entered by the Circuit Court of Franklin County in favor of the Bank of the State of Georgia against D. B. Wood & Co. for a bill of exchange. The court rejected the defendants' claim that the writ of summons was void due to an
• Cancela v. State
  147 Fla. 500· Fla.· 1941-06-13 ·cited 9×
  The Florida Supreme Court upheld the Circuit Court's decision to reverse and remand a criminal conviction where the trial court failed to enter a proper judgment of conviction before imposing sentence, even though the record showed no reversible trial error. The Court held that a
• Chapman v. Parrish
  114 Fla. 612· Fla.· 1934-04-26 ·cited 9×
  In this habeas corpus proceeding, the Florida Supreme Court reversed the discharge of T. J. Parrish from custody, holding that although his sentencing judgment contained formal defects in adjudicating guilt, the recital that he 'stands convicted' constitutes a sufficient attempte
• State v. Atkinson
  102 Fla. 1028· Fla.· 1931-09-29 ·cited 9×
  This case involves a dispute over appellate jurisdiction for writs of error to a Civil Court of Record. The relator sought a writ of mandamus to compel circuit judges to hear a writ of error filed before a new statute took effect, arguing the new statute's procedural requirements
• Cooper v. Lipscomb
  97 Fla. 668· Fla.· 1929-04-30 ·cited 9×
  This case involves a petitioner seeking release via habeas corpus, arguing the statute under which he was arrested was unconstitutional. The court reversed the lower court's decision, finding the affidavit and warrant fatally defective for failing to allege a criminal offense, th
• Pyles v. Beall
  37 Fla. 557· Fla.· 1896-01-01 ·cited 9×
  The Florida Supreme Court upheld its dismissal of a writ of error against John D. Beall, holding that the plaintiffs in error failed to properly serve the required scire facias within the prescribed time and manner. Although plaintiffs demonstrated diligent efforts to serve Beall
• The Drummond Blow Title Corp. v. Ladislaus Blatnick
  157 So. 2d 711· Fla. 3d DCA· 1963-11-19 ·cited 8×
  A single appeal may be taken from two judgments entered in the same cause.
• Herpel v. Pfundston
  104 So. 2d 620· Fla. 2d DCA· 1958-07-30 ·cited 8×
  Herpel, Inc. appealed from an order dismissing its slander complaint against Ann Pfundston. The appellate court dismissed the appeal because the order being appealed was not a final judgment—a subsequent order vacated the trial court's grant of leave to amend, but the appellant d
• United States ex rel. Johnson v. Ragen
  171 F.2d 630· 7th Cir.· 1948-12-31 ·cited 8×
  The court held that the petitioner's claim of a misidentified prior conviction in the indictment does not render the judgment void, as the trial court had jurisdiction.
• Mancuso v. United States
  162 F.2d 772· 6th Cir.· 1947-06-30 ·cited 8×
  A motion to vacate a judgment cannot be used to review the sufficiency of evidence when the defendant failed to raise the issue at trial or in a timely manner.
• Long v. Benson
  140 F.2d 195· 6th Cir.· 1944-01-24 ·cited 8×
  The court held that the district court did not err in denying the application for a writ of habeas corpus and the appointment of a special master, as the denial was a proper exercise of sound judicial discretion.
• Cornelius v. State
  136 Fla. 506· Fla.· 1938-10-31 ·cited 8×
  The Florida Supreme Court affirmed a peremptory writ of mandamus compelling a county judge to vacate orders he had entered without jurisdiction. The orders had attempted to set aside a judgment that had become final and absolute, and the court held that mandamus was the appropria
• State v. Mayo
  121 Fla. 202· Fla.· 1935-10-12 ·cited 8×
  This case concerns a habeas corpus petition challenging a conviction for obtaining property by false pretenses. The court denied the petition, holding that while the information was defective, the defect did not render the judgment void and could have been raised on direct appeal
• Krivitsky v. Gerlach
  120 Fla. 770· Fla.· 1935-07-05 ·cited 8×
  The Florida Supreme Court granted a motion to quash a writ of error because the lower court's judgment, which dissolved a writ of garnishment, was not a final judgment. The court allowed the plaintiff to seek a final judgment in the lower court to preserve their right to appeal.
• State v. City of Daytona Beach
  114 Fla. 384· Fla.· 1934-04-02 ·cited 8×
  The Florida Supreme Court dismissed a writ of error in a mandamus case, holding that an order quashing an alternative writ of mandamus is interlocutory and not final, and that such an order was improperly recorded in the chancery order book rather than in the Circuit Court's minu
• Whitaker v. Wright
  98 Fla. 500· Fla.· 1929-09-27 ·cited 8×
  The Florida Supreme Court dismissed a writ of error challenging an order that vacated a non-suit judgment and reinstated the case on the docket, holding that such an interlocutory order is not a final judgment from which a writ of error lies.
• Best v. State
  91 Fla. 481· Fla.· 1926-03-12 ·cited 8×
  This case involves a defendant convicted of possessing a stilling apparatus and mash, with the information attempting to charge a second offense. The court found the information insufficient to charge a second offense but sufficient for a first offense, which is a misdemeanor. As
• McLendon v. Lurton-Hardaker Co.
  83 Fla. 263· Fla.· 1922-02-16 ·cited 8×
  This case concerns whether a writ of error can be issued for an order granting a new trial on a plea in abatement. The court held that a statute allowing appeals for new trial orders applies to pleas in abatement, thus affirming the lower court's decision to grant a new trial.
• Attaway McKinnon v. Amos E. Lewis
  72 Fla. 25· Fla.· 1916-06-22 ·cited 8×
  The Florida Supreme Court dismissed a writ of error because the record did not contain a final judgment from the lower court, rendering the appeal invalid. The court emphasized that a writ of error must be based on an existing, reviewable judgment.
• Henry v. Whitehurst
  66 Fla. 567· Fla.· 1914-01-06 ·cited 8×
  This case concerns whether a supersedeas bond filed by a defendant in a replevin action effectively halts further proceedings, even when an execution has been levied against a surety who is not a party to the writ of error. The court held that the supersedeas bond does suspend fu
• Yent v. State ex rel. H. J. Richardson
  66 Fla. 336· Fla.· 1913-11-11 ·cited 8×
  The court initially dismissed a case seeking a liquor permit because the permit's term had expired. However, upon a motion to reinstate, the court addressed the underlying constitutional question regarding local option elections and prohibition.
• West v. Johnson
  66 Fla. 4· Fla.· 1913-06-17 ·cited 8×
  In this case, the Florida Supreme Court addressed procedural requirements for taking a writ of error from a joint judgment against multiple defendants. The Court held that when a joint judgment is rendered against multiple parties, all defendants must join in prosecuting the writ
• The Skinner Mfg. Co. v. Douville
  61 Fla. 429· Fla.· 1911-01-01 ·cited 8×
  In this third appeal of a dispute over commissions for procuring a purchaser for corporate property, the Florida Supreme Court affirmed a $12,500 judgment in favor of Douville against Skinner Manufacturing Company. The Court found that any technical errors in jury instructions an
• Mitchell v. St. Petersburg & Gulf Ry. Co.
  56 Fla. 497· Fla.· 1908-06-01 ·cited 8×
  The Florida Supreme Court dismissed a writ of error challenging a jury verdict of "not guilty" in a negligence action because the judgment entered was not final, addressing only costs rather than the merits of the plaintiff's claim.
• Jones v. The Escambia Land & Mfg. Co.
  55 Fla. 783· Fla.· 1908-01-01 ·cited 8×
  Petitioners sought to establish a lost deed allegedly executed in 1833 conveying land to their ancestor Cleopatra Jones. The circuit court dismissed the petition for failure to establish the lost deed, and petitioners appealed. The Florida Supreme Court dismissed the appeal, hold
• Pyles v. Beall
  37 Fla. 549· Fla.· 1896-01-01 ·cited 8×
  The Florida Supreme Court dismissed a writ of error in an ejectment case because the plaintiffs failed to properly serve the scire facias on the defendant, who was a resident of the state. The Court held that acknowledging service of abstract and assignment of errors papers does
• Wheeler & Wilson Mfg. Co. v. Johns
  37 Fla. 262· Fla.· 1896-01-01 ·cited 8×
  The court addressed a motion to dismiss a writ of error due to an insufficient supersedeas bond. While the writ of error itself was valid, the bond's conditions were inadequate to protect the defendant's right to elect how to enforce the judgment upon affirmance. The plaintiff wa
• The United States Mut. Accident Ass'n of the City of N.Y. v. Tallulah H. Weller
  30 Fla. 210· Fla.· 1892-06-01 ·cited 8×
  The United States Mutual Accident Association sought a writ of error to challenge a $5,500 judgment recovered by Tallulah H. Weller and her infant son Frank Weller against it. The respondents moved to quash the writ of error and scire facias, arguing defects in the process, parti
• Williams v. LaPenotiere
  26 Fla. 333· Fla.· 1890-06-01 ·cited 8×
  The Florida Supreme Court held that the plaintiff in error's failure to pay damages from a prior frivolous appeal does not warrant dismissal of the current writ of error. The court also found that a prior motion constituted an appearance by the defendant in error, curing any defe
• Savage v. State
  19 Fla. 561· Fla.· 1882-06-01 ·cited 8×
  The Florida Supreme Court dismissed a writ of error because the record lacked a formal final judgment, despite the appellant raising other issues on rehearing. The court emphasized that new grounds cannot be introduced on rehearing unless they address a specific omission or error
• Penelope L. Standley v. E. S. Jaffray & Co.
  13 Fla. 596· Fla.· 1869-01-01 ·cited 8×
  The Florida Supreme Court dismissed a writ of error filed by one of two jointly-named defendants in a judgment, holding that all persons named in a joint judgment must join in prosecuting a writ of error or provide proper notice and severance.
• O'Brien v. Lindsey
  204 F.2d 359· 1st Cir.· 1953-05-04 ·cited 7×
  The court held that the petitioner had not exhausted his state remedies, and therefore the federal court should retain the appeal without disposition, allowing him to pursue relief in the state courts.
• Application of Baer
  169 F.2d 770· 3d Cir.· 1948-08-16 ·cited 7×
  The court held that petitioners failed to exhaust their state remedies by not seeking certiorari from the Supreme Court after the New Jersey Court of Errors and Appeals addressed the merits of their federal constitutional claims.
• Hill v. Barns
  103 Fla. 87· Fla.· 1931-10-14 ·cited 7×
  The Florida Supreme Court rejected a writ of prohibition challenging a circuit court's denial of a motion to dismiss a writ of error for failure to issue and serve a scire facias. The Court held that when a writ of error is taken from a civil court of record to a circuit court, t
• The State of Fla. ex rel. D. W. Purvis v. Hon. B. H. Palmer
  57 Fla. 541· Fla.· 1909-01-01 ·cited 7×
  The Florida Supreme Court denied a petition for mandamus seeking to compel a circuit judge to fix a supersedeas bond amount in a mortgage foreclosure appeal. The court held that a trial judge has statutory discretion to determine the amount and condition of supersedeas bonds in n
• Hayes v. Frohock
  56 Fla. 794· Fla.· 1908-06-01 ·cited 7×
  James H. Hayes sought to enjoin a sheriff's sale of real estate under an execution issued from a Duval County judgment. The Florida Supreme Court affirmed the lower court's dismissal, holding that equity will not enjoin execution sales when the execution's legality has already be
• Harrison v. Otto C. Boles
  307 F.2d 928· 4th Cir.· 1962-09-13 ·cited 6×
  The court held that a petition for a writ of habeas corpus cannot be used to review errors of fact or law committed during a trial that do not involve the denial of a constitutional right, and that the allegations in this petition were insufficient to warrant a hearing.
• United States ex rel. Paul Crump v. Sain
  264 F.2d 424· 7th Cir.· 1959-03-20 ·cited 6×
  The court held that a state prisoner seeking federal habeas corpus relief has exhausted state remedies when the state's highest court has already ruled on the federal constitutional question presented, even if a different state post-conviction procedure exists.
• Curran v. Shuttleworth
  180 F.2d 780· 6th Cir.· 1950-03-27 ·cited 6×
  The court held that the petition for writ of habeas corpus was correctly denied because the appellant failed to comply with statutory requirements and the alleged errors could not be reviewed via habeas corpus.