Writ Of Error

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

• Mercado Riera v. Mercado Riera
  152 F.2d 86· 1st Cir.· 1945-11-23 ·cited 6×
  The court held that the Supreme Court of Puerto Rico had jurisdiction to issue writs of certiorari to review district court orders, even if those orders involved substantive law, and that its determination of local law regarding the expiration of an executorship was not patently
• Moore v. King
  130 F.2d 857· 8th Cir.· 1942-09-25 ·cited 6×
  The court held that habeas corpus cannot be used to review non-jurisdictional errors occurring during a trial, and that the petitioner's claims did not establish a jurisdictional defect.
• Scott v. Neele C. Wellacott
  149 Fla. 537· Fla.· 1942-02-20 ·cited 6×
  The Florida Supreme Court dismissed an appeal because it was not filed within the time limits prescribed by a new statute, Chapter 20441, Acts of 1941. The statute required appeals from judgments entered before October 1, 1941, to be filed within sixty days after that date, in ad
• State of Ohio ex rel. Samuel H. Squire v. Nannie L. Comstock and her Husband
  146 Fla. 628· Fla.· 1941-04-15 ·cited 6×
  The Florida Supreme Court dismissed a writ of error because the lower court's order dismissing the case was not a final judgment. The court held that a formal final judgment was necessary before appellate review could be exercised.
• State v. Honorable John U. Bird
  145 Fla. 477· Fla.· 1941-01-17 ·cited 6×
  The Florida Supreme Court denied a petition for mandamus seeking to overturn a trial court's stay of a refiled slip-and-fall negligence suit pending satisfaction of costs from the original suit. The Court held that the trial judge did not abuse his discretion in staying the secon
• State v. Honorable C. E. Chillingworth
  132 Fla. 587· Fla.· 1938-05-20 ·cited 6×
  The Florida Supreme Court held that an entry of appeal filed in a county court need not be recorded in a specific record book to invoke the circuit court's appellate jurisdiction; a notation on the progress docket and service of the entry of appeal on the appellee are sufficient.
• Shayne v. Pike
  131 Fla. 71· Fla.· 1938-01-14 ·cited 6×
  This case concerns when the time limit for appealing a judgment begins to run. The court determined that the time for filing a writ of error does not start until a petition for rehearing on a motion for a new trial has been ruled upon.
• City of Hollywood v. Bair
  129 Fla. 93· Fla.· 1937-07-31 ·cited 6×
  The court addressed motions to dismiss a writ of error based on procedural non-compliance and a corporation's failure to pay taxes. While denying these motions as to the City of Hollywood and an individual, the court found the action abated as to a dissolved corporation, O. W. Co
• State v. Robles
  111 Fla. 276· Fla.· 1933-07-06 ·cited 6×
  The Florida Supreme Court denied a petition for mandamus seeking to compel a circuit court judge to vacate orders dismissing a writ of error and reinstate it for joint consideration with another judge as required by statute. The Court held that a single judge had jurisdiction to
• Baker-Lewis Constr. Co. v. Payne H. Midyette
  105 Fla. 502· Fla.· 1932-05-11 ·cited 6×
  Baker-Lewis Construction Company sought to file appellate briefs after missing a contractually-agreed deadline, and the Florida Supreme Court granted leave to file despite the missed deadline, denying defendant's motion to dismiss the writ of error.
• The State of Fla. ex rel. Frank J. Pepper v. Atkinson
  98 Fla. 996· Fla.· 1929-11-21 ·cited 6×
  The Florida Supreme Court denied a petition for a writ of prohibition challenging a circuit court's denial of a motion to quash a writ of error. The court held that a defendant in error who enters a special appearance cannot challenge the validity of the writ of error itself; spe
• Williams v. The State of Fla. ex rel. Vincent Nuccio, Jr.
  97 Fla. 876· Fla.· 1929-05-21 ·cited 6×
  The Florida Supreme Court quashed a writ of error filed by election officials challenging a lower court's peremptory mandamus order requiring a recount and recanvass of votes in a 1928 county commissioner election. The Court found the error proceedings frivolous and designed sole
• Gadsden v. State
  76 Fla. 543· Fla.· 1918-12-13 ·cited 6×
  The Florida Supreme Court dismissed a writ of error because it was not made returnable within the statutorily prescribed timeframe, divesting the court of jurisdiction.
• Ball Bros. v. Holland
  76 Fla. 268· Fla.· 1918-08-13 ·cited 6×
  The Florida Supreme Court affirmed a lower court's denial of a motion in arrest of judgment. The defendants argued the declaration was filed late, but the court found their motion was not the proper vehicle to challenge procedural defaults in filing.
• McKinney v. State
  74 Fla. 25· Fla.· 1917-07-02 ·cited 6×
  C. C. McKinney was convicted of murder and sentenced to death in Dade County Circuit Court. The Florida Supreme Court affirmed the conviction, finding no reversible error despite procedural deficiencies in the appellate record and holding that the trial court properly admitted ev
• Bell v. Niles
  60 Fla. 31· Fla.· 1910-06-01 ·cited 6×
  The Florida Supreme Court dismissed a writ of error in a replevin action because the judgment entered was for costs alone and did not constitute a final judgment on the merits. The court clarified that writs of error only lie from final judgments that adjudicate the merits or dis
• Owen v. State
  58 Fla. 84· Fla.· 1909-06-01 ·cited 6×
  R. H. Owen was convicted of first-degree murder and sentenced to death. On appeal, Owen filed a writ of error but then sought dismissal just before the return date, prompting the State to move for affirmance. The Florida Supreme Court affirmed the conviction, finding Owen's tacti
• Belch v. Frances Manning as prochein ami of Emma Manning
  55 Fla. 229· Fla.· 1908-01-01 ·cited 6×
  The Florida Supreme Court held that habeas corpus proceedings are sui generis and not subject to the standard procedural rules governing civil causes on appeal. The Court rejected a motion to dismiss a writ of error in a habeas corpus case, ruling that the writ of scire facias ad
• Ludwig Carlson and John Lind v. Ziehme
  51 Fla. 226· Fla.· 1906-01-01 ·cited 6×
  The Florida Supreme Court dismissed a writ of error because the trial court record failed to include a copy of the final judgment in full, as required by the court's rules. The court held that an order directing the clerk to enter judgment, combined with a recital that judgment w
• Ropes v. Lansing
  49 Fla. 225· Fla.· 1905-01-01 ·cited 6×
  The Florida Supreme Court dismissed a writ of error for lack of a properly documented final judgment in the record. The court held that a mere clerk's recital of a judgment's entry in the bill of exceptions is insufficient to establish a final judgment; the actual judgment entry
• Lucina Augusta Finch v. Bonar
  46 Fla. 246· Fla.· 1903-06-01 ·cited 6×
  The Florida Supreme Court dismissed a writ of error because the case should have been appealed via a chancery appeal. The court clarified that appeals from county judges in probate matters to the circuit court, and then to the Supreme Court, must follow chancery appeal rules.
• Jones v. Stewart
  37 Fla. 369· Fla.· 1896-01-01 ·cited 6×
  The Florida Supreme Court dismissed an appeal for failure to join all parties affected by the joint decree. The court reaffirmed the cardinal rule that all parties to be affected by a judgment must be parties to the appeal and given an opportunity to be heard.
• Knight & Knight v. Towles
  32 Fla. 473· Fla.· 1893-06-01 ·cited 6×
  Knight & Knight sought to vacate a judgment and obtain a writ of error nunc pro tunc after the statutory period for taking error had expired. The Florida Supreme Court held that without a timely writ of error lodged with the lower court, the appellate court lacked jurisdiction, a
• Eckman & Vetsburg v. Meriam
  32 Fla. 425· Fla.· 1893-06-01 ·cited 6×
  Eckman & Vetsburg appealed a decree awarding F. B. Meriam $1,000 from funds in the court registry as a constitutional homestead exemption. The Florida Supreme Court held that the appellants' filing of a bond did not automatically create a supersedeas because no money judgment was
• Dell v. Marvin
  31 Fla. 152· Fla.· 1893-01-01 ·cited 6×
  Dell sought a supersedeas of a judgment in an interpleader action concerning the distribution of funds from a sheriff's sale among multiple creditors. The Florida Supreme Court held that Dell's bond was defective because it failed to include the required condition to indemnify ce
• Knox v. Barnett
  18 Fla. 594· Fla.· 1882-01-01 ·cited 6×
  The Florida Supreme Court affirmed a trial court's finding that the Freedman's Bank Commissioner's agents were estopped from collecting rent from a tenant (Barnett) who had paid rent to the building's purchaser (Spratt) after the agents announced at a public sale that the purchas
• Rabon v. The State
  7 Fla. 9· Fla.· 1857-01-01 ·cited 6×
  The Florida Supreme Court declined to decide two cases due to significant procedural errors in how they were presented, emphasizing the necessity of proper record keeping and adherence to legal procedures, especially in capital cases.
• Rabon v. The State
  7 Fla. 10· Fla.· 1857-01-01 ·cited 6×
  This case concerns whether a writ of error in a capital case automatically acts as a supersedeas (a stay of execution) under the Act of 1847, or if a separate court order is required. The court held that the writ of error itself, upon compliance with statutory conditions, operate
• Henry D. Darden & wife v. Lines
  2 Fla. 569· Fla.· 1849-01-01 ·cited 6×
  The Florida Supreme Court was divided on whether it had appellate jurisdiction to review cases brought on "pro forma" decrees made by consent in the lower court when the trial judge was disqualified from sitting in the appellate court. Chief Justice Douglas held the Court lacked
• Chancey Ward and Charles P. May v. Jabez B. Bull and Richard A. Shine
  1 Fla. 271· Fla.· 1847-01-01 ·cited 6×
  In this 1847 case, the Florida Supreme Court affirmed a lower court judgment in favor of lessees who sought to recover rent paid in advance for a leased store that was destroyed by fire. The court held that while the lessees remained bound by their covenant to pay rent despite th
• Renzi v. Commonwealth OF Va.
  794 F.2d 155· 4th Cir.· 1986-06-25 ·cited 5×
  The court held that the prosecution's misleading conduct in failing to produce a key informant, despite promises, deprived the defendant of due process, entitling him to a writ of habeas corpus.
• Burnett v. State
  144 Fla. 689· Fla.· 1940-11-05 ·cited 5×
  James Burnett, convicted of first-degree murder, sought appellate review via writ of error issued before the effective date of Florida's 1939 Criminal Procedure Act. The Florida Supreme Court held that although writs of error were abolished for criminal cases after October 10, 19
• The Seaboard Oil Co. v. Chalk
  118 Fla. 383· Fla.· 1935-02-09 ·cited 5×
  In this nuisance action against an oil company, the trial court granted a directed verdict for the defendant based on a technical defect in the plaintiffs' pleading—namely, that the declaration contained language claiming punitive damages rather than compensatory damages. The Flo
• Helena Myrtle Messina Lester v. Schutt
  113 Fla. 659· Fla.· 1933-12-27 ·cited 5×
  In this ejectment action, the Supreme Court of Florida reversed a judgment obtained by the plaintiff after the trial court improperly failed to follow an oral agreement between counsel to have a jury verdict signed before entering final judgment. The court found the trial judge v
• Ex parte Aulday
  113 Fla. 70· Fla.· 1933-11-28 ·cited 5×
  Harry Aulday petitioned for habeas corpus relief, claiming the trial judge was disqualified due to prejudice after the judge refused to recuse himself when challenged under Florida law. The Florida Supreme Court held that habeas corpus is not the proper remedy to challenge a tria
• Seaboard Oil Co. v. Chalk
  112 Fla. 387· Fla.· 1933-10-18 ·cited 5×
  The court considered whether a writ of error could be taken to an order that vacated a prior non-suit and dismissal, reinstating the case. The court held that such an order is analogous to granting a new trial and is therefore reviewable by writ of error.
• Davis v. State
  87 Fla. 505· Fla.· 1924-05-21 ·cited 5×
  Harold Davis was convicted of receiving stolen property (a Ford automobile) knowing it to be stolen. On appeal, Davis challenged the sufficiency of the evidence, and the Florida Supreme Court affirmed the conviction, holding that the evidence was sufficient to support the guilty
• Anderson v. Webster
  30 Fla. 220· Fla.· 1892-06-01 ·cited 5×
  A creditor sought to dismiss an appeal on technical procedural grounds, claiming defects in how the appeal was entered and prosecuted by judgment debtors. The Florida Supreme Court denied the motion, holding that while procedural irregularities existed, they caused no substantive
• Harley Scoot and Eva Scott v. Walter F. Lloyd et ux.
  16 Fla. 151· Fla.· 1877-06-01 ·cited 5×
  This case concerns whether heirs, rather than a personal representative, can bring an unlawful detainer action for real estate. The court held that under Florida law, real estate is considered assets in the hands of an executor or administrator, and thus, the right of possession
• Helms v. Sw. Bell Tel. Co.
  794 F.2d 188· 5th Cir.· 1986-07-14 ·cited 4×
  A simple breach of contract, without more, does not constitute a deceptive trade practice under the Texas DTPA, but a negligence claim may be actionable despite a contractual limitation of liability clause.
• Hayward v. United States TAX Court
  762 F.2d 706· 8th Cir.· 1985-05-21 ·cited 4×
  The district court correctly dismissed the petition for lack of subject matter jurisdiction, and sanctions for a frivolous appeal are warranted.
• Vance v. Hedrick
  659 F.2d 447· 4th Cir.· 1981-09-17 ·cited 4×
  The federal writ of habeas corpus is unavailable to challenge a state court conviction based on a procedural defect characterized as jurisdictional by the state, if the defect does not render the committing court wholly without power or if the defect is waivable.
• Coy Litchfield v. Tinsley
  281 F.2d 486· 10th Cir.· 1960-06-16 ·cited 4×
  The federal court denied habeas corpus because the prisoner failed to exhaust state remedies by not timely seeking a writ of error for his conviction.
• Geach v. Olsen
  211 F.2d 682· 7th Cir.· 1954-03-23 ·cited 4×
  The court held that the plaintiff's complaint was properly dismissed because the alleged denial of his right to file a habeas corpus petition did not state a claim upon which relief could be granted, as the petition itself showed no entitlement to the writ and no actual damages w
• Scroggins v. State
  125 Fla. 49· Fla.· 1936-07-23 ·cited 4×
  George Scroggins was convicted of first-degree murder and sentenced to death. On appeal, he challenged the trial court's failure to charge the jury on insanity, the handling of verdict forms, and the trial court's authority to impose a corrected judgment after a defective initial
• State v. Worth W. Trammell
  124 Fla. 543· Fla.· 1936-06-16 ·cited 4×
  The Florida Supreme Court addresses whether a writ of prohibition is the proper remedy to challenge a circuit court's exercise of jurisdiction based on allegedly insufficient service or appearance. The Court affirms that prohibition is an appropriate remedy in jurisdictional chal
• Tomasello v. Walton
  100 Fla. 710· Fla.· 1930-08-29 ·cited 4×
  This case addresses whether a plaintiff can dismiss his action and prevent a defendant from proceeding on a counterclaim for stock assessment. The Florida Supreme Court affirmed the lower court's dismissal, holding that under Florida law a plaintiff may voluntarily dismiss his su
• Crump v. Snively-Giddings Constr. Co.
  99 Fla. 368· Fla.· 1930-02-15 ·cited 4×
  Plaintiff in error brought suit on common counts against a construction company for $7,000 in alleged debts. The Florida Supreme Court quashed the writ of error, finding that the assignments of error were entirely without merit and the writ was prosecuted solely for purposes of d
• Licata v. State
  80 Fla. 554· Fla.· 1920-10-18 ·cited 4×
  Michael Licata was convicted of unlawfully possessing intoxicating liquors in violation of Florida law. The Florida Supreme Court dismissed his writ of error for lack of appellate jurisdiction, holding that the Supreme Court has no jurisdiction over misdemeanor convictions from C
• Stuart v. Butts
  78 Fla. 657· Fla.· 1920-01-12 ·cited 4×
  Stuart & Strauss obtained a default judgment against Butts in 1918, but the trial court vacated and set aside that judgment within the statutory period, allowing the defendant further time to plead. The Supreme Court of Florida dismissed the writ of error because the vacating ord