Writ Of Error

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

• State of Fla. ex rel. Edward A. Haley v. Taylor
  77 Fla. 607· Fla.· 1919-05-12 ·cited 4×
  The Florida Supreme Court dismissed a mandamus action challenging county commissioners' authority to hold a local option election on intoxicating liquors, finding the case moot because a constitutional amendment establishing statewide prohibition had been adopted after the suit w
• State ex rel. W. J. Davis & B. P. Edge v. Baggett
  73 Fla. 36· Fla.· 1917-01-18 ·cited 4×
  The Florida Supreme Court denied a motion to reinstate a mandamus petition that had been dismissed for failure to timely file a brief. The petitioners sought to compel the Board of County Commissioners to reschedule a county seat election to an earlier date, but reinstatement was
• Schmids v. Tampa Publ'g Co.
  72 Fla. 571· Fla.· 1916-12-20 ·cited 4×
  The Florida Supreme Court affirmed a judgment for the defendant in a conversion case, holding that appellate courts will not review assignments of error based on the probative force of evidence when no motion for a new trial was made in the lower court.
• Stone v. State
  68 Fla. 248· Fla.· 1914-11-11 ·cited 4×
  The Florida Supreme Court dismissed a writ of error because it was not properly recorded, thus failing to establish jurisdiction over the defendants in error. The case involved a mandamus proceeding concerning a town election for marshal.
• Cheney v. Park Trammell
  65 Fla. 451· Fla.· 1913-05-20 ·cited 4×
  This case involves an appeal from a judgment against sureties on a supersedeas bond in a criminal case. The Florida Supreme Court upheld the trial court's judgment against the defendants on an appearance bond related to a criminal defendant who failed to appear after his convicti
• Brown v. Hetherington
  65 Fla. 327· Fla.· 1913-03-25 ·cited 4×
  In this ejectment action, the Florida Supreme Court reversed a judgment awarding an undivided two-thirds interest in land because the judgment failed to comply with statutory requirements mandating specification of the quantity of the estate recovered.
• Graves v. J. M. Harris & Bro.
  61 Fla. 254· Fla.· 1911-01-01 ·cited 4×
  This case clarifies that a writ of error can only be issued from a final judgment that adjudicates the merits of a case. A judgment solely for costs, even after a verdict for the defendant, is not considered a final judgment and therefore cannot support a writ of error.
• Int'l Kaolin Co. v. Vause
  60 Fla. 324· Fla.· 1910-06-01 ·cited 4×
  This case clarifies when the time limit for filing an appeal that operates as a supersedeas begins to run. The court held that the thirty-day period starts from the recording of the decree, not its signing, to ensure the appeal is perfected before enforcement actions can be taken
• Carter v. Walter F. Warnock as Clerk of the Cir. Court of Citrus Cnty.
  57 Fla. 49· Fla.· 1909-01-01 ·cited 4×
  The Florida Supreme Court dismissed a writ of error because the lower court's ruling being appealed was not a final judgment. The court emphasized that a final judgment is required before a writ of error can be used to review proceedings.
• Fla. Cent. R.R. Co. & the Seaboard Air Line Ry. v. Bostwick
  53 Fla. 124· Fla.· 1907-01-01 ·cited 4×
  The Florida Supreme Court held that a writ of error does not lie from an interlocutory order re-establishing lost court records in a pending suit, as such orders are not final judgments appealable under the applicable statute. The court dismissed the writ of error, holding that p
• Urbie Melbourne v. State
  50 Fla. 113· Fla.· 1905-06-01 ·cited 4×
  The Florida Supreme Court dismissed a writ of error because the record proper did not contain a verdict or final judgment, finding that such essential elements of a criminal case cannot be presented solely through a bill of exceptions. This ruling clarifies the proper procedure f
• Hart v. Cotten
  44 Fla. 172· Fla.· 1902-01-01 ·cited 4×
  Sarah Hart sought a writ of error challenging a Circuit Court order in a habeas corpus case concerning custody of an infant. The Florida Supreme Court dismissed the writ because the transcript was not certified according to applicable rules and because the lower court's order was
• Ala. Coal Co. v. Bowden
  44 Fla. 163· Fla.· 1902-01-01 ·cited 4×
  Alabama Coal Company sought mandamus to compel the sheriff to approve a forthcoming bond and redeliver property seized in a replevin action. The Florida Supreme Court dismissed the writ as moot because the underlying replevin suit had been decided against the Coal Company, making
• Halliday v. Wright
  43 Fla. 46· Fla.· 1901-01-01 ·cited 4×
  In this replevin action, Halliday was found liable for wrongfully taking property and was jointly judged liable with his sureties on a forthcoming bond for the property's assessed value. The Florida Supreme Court rejected the defendants' motion to dismiss Halliday's writ of error
• Fla. Orange Hedge Fence Co. v. A. G. Branham & Co.
  27 Fla. 526· Fla.· 1891-01-01 ·cited 4×
  The Florida Supreme Court denied a motion to dismiss a writ of error and vacate a supersedeas. The court held that the bond filed to secure the supersedeas was sufficient even though not all plaintiffs in error signed it, as the purpose of the bond is to provide security, which w
• McIver & Chamberlain v. Marshall
  24 Fla. 42· Fla.· 1888-01-01 ·cited 4×
  This case clarifies the procedural requirements for obtaining a writ of error in Florida, distinguishing between ordinary civil actions, criminal cases, and habeas corpus proceedings. It explains when a judicial order is necessary and when a writ can be obtained as a matter of ri
• Baker v. Chatfield
  23 Fla. 62· Fla.· 1887-01-01 ·cited 4×
  The Florida Supreme Court held that abandoning an appeal in a common law action does not bar a party from subsequently suing out a writ of error to the same judgment within two years, and that a bill of exceptions properly preserved can support review via writ of error even after
• Burrows v. Mickler
  22 Fla. 572· Fla.· 1886-06-01 ·cited 4×
  The Florida Supreme Court holds that a defendant in execution who voluntarily pays a judgment before obtaining a supersedeas does not waive the right to seek appellate review by writ of error. The Court rejects the creditor's motion to dismiss the writ of error, establishing that
• Eliza Simmons v. Spratt
  22 Fla. 370· Fla.· 1886-06-01 ·cited 4×
  The Florida Supreme Court held that unsuccessful defendants in ejectment actions have a statutory right to appeal under Florida law, rejecting the appellee's motion to dismiss the appeal. The Court clarified that while the bond requirements may not cover all damages like mesne pr
• Ellison S. Keitt v. Spencer
  19 Fla. 748· Fla.· 1883-01-01 ·cited 4×
  This case concerns a plaintiff's right to have jury instructions considered by the judge. The appellate court reversed the lower court's judgment because the judge improperly refused to rule on the plaintiff's requested jury instructions, thereby denying the plaintiff a legal rig
• State of Fla. ex rel. Geo. A. Peck v. Uriah Bowden
  18 Fla. 17· Fla.· 1881-01-01 ·cited 4×
  A Florida Supreme Court decision holding that a debtor cannot claim statutory exemptions from levy and sale with respect to partnership property, even for the debtor's individual share of partnership assets. The court also held that mandamus is unavailable after property has alre
• Mitchell v. Chaires
  2 Fla. 18· Fla.· 1848-01-01 ·cited 4×
  Mitchell sued the executor of Benjamin Chaires' estate to recover two promissory notes. The defendant raised multiple defenses including the statute of limitations and a two-year bar on claims against the estate. The jury verdict favored the defendant, and the Florida Supreme Cou
• Stewart v. Preston
  1 Fla. 1· Fla.· 1846-01-01 ·cited 4×
  This case addresses whether the newly formed State Supreme Court has jurisdiction over cases transferred from the former Territorial Court of Appeals. The court holds that it does have jurisdiction, as the legislative act transferring cases is valid and the case is not otherwise
• Laney v. Holbrook
  149 Fla. 670· Fla.· 1942-03-06 ·cited 3×
  The Supreme Court held that a writ of certiorari is not the proper method to review a circuit court's decision on a prior certiorari proceeding; an appeal or writ of error is the appropriate method.
• Augustus C. Alred v. Porro
  147 Fla. 518· Fla.· 1941-06-17 ·cited 3×
  The Florida Supreme Court denied a motion to dismiss a writ of error, clarifying the requirements of newly adopted Rule 11 which streamlined appellate procedure by limiting transcripts to essential record materials rather than complete trial records.
• Coston v. State
  144 Fla. 676· Fla.· 1940-11-05 ·cited 3×
  George Coston was convicted of murder in the third degree for poisoning Marie Bayouth with potassium cyanide-laced whisky intended for Donald Long. The Florida Supreme Court affirmed the conviction, holding that defects in the indictment's structure and procedural irregularities
• Storrs v. Storrs
  139 Fla. 270· Fla.· 1939-07-14 ·cited 3×
  H. C. and Evelyn Storrs sought review of a circuit court order that vacated a sheriff's sale but denied restitution and stayed proceedings, involving competing claims of homestead exemption and a third-party claim to property levied under execution. The Florida Supreme Court quas
• State v. Coleman
  137 Fla. 177· Fla.· 1938-10-31 ·cited 3×
  In this habeas corpus case, the Florida Supreme Court affirmed the denial of the relator's petition for discharge, holding that defects in the information charging the relator were not void ab initio but merely voidable, and that such defects must be challenged before the trial c
• In re Petition of Kansas Masonic Home
  128 Fla. 708· Fla.· 1937-06-28 ·cited 3×
  This case involves multiple appeals concerning a judge's disqualification in a probate matter. The court addressed the procedural validity of these appeals, ultimately dismissing some as premature or unauthorized while allowing one to proceed.
• City of Hollywood v. Bair
  124 Fla. 520· Fla.· 1936-06-11 ·cited 3×
  This case involves motions to strike parts of the record and the entire bill of exceptions filed by the defendants. The court ruled on these procedural motions, deciding which parts of the record would be considered on appeal and whether the bill of exceptions was properly prepar
• N. Inv. Corp. v. City of Cocoa
  118 Fla. 405· Fla.· 1935-01-05 ·cited 3×
  Northern Investment Corporation obtained a judgment against the City of Cocoa and levied execution on city property. The city attempted to void the execution by ordinance declaring the property held for public purposes, but the Florida Supreme Court reversed the lower court's dec
• Mendenhall v. Sweat
  117 Fla. 299· Fla.· 1934-11-22 ·cited 3×
  J. J. Mendenhall sought writs of error from the Florida Supreme Court challenging two Circuit Court judgments in habeas corpus proceedings that remanded him to custody to await trial on murder charges. The Supreme Court granted the writs of error and scire facias audiendum errore
• Walkene Rolle v. State
  115 Fla. 64· Fla.· 1934-05-25 ·cited 3×
  Walkene Rolle, convicted of manslaughter and sentenced to twenty years, sought a judicial finding of insolvency to have Dade County pay his appeal costs. The trial court denied his motion, but the Florida Supreme Court reversed, holding that a defendant who satisfactorily establi
• Maule Ojus Rock Co. v. Lumpkin
  113 Fla. 195· Fla.· 1933-12-07 ·cited 3×
  The Florida Supreme Court affirmed a judgment against a garnishee after three trials, concluding that despite minor procedural errors, the verdict and judgment comported with substantial justice.
• Hines v. Noel
  110 Fla. 457· Fla.· 1933-06-10 ·cited 3×
  In this writ of error case, the Florida Supreme Court affirmed the Circuit Court's denial of habeas corpus relief to William Hines, who was re-arrested 78 days after posting a supersedeas bond pending appeal of his municipal court conviction. The court held that municipal court c
• Dr. P. Phillips Co. v. Billo
  109 Fla. 316· Fla.· 1933-04-05 ·cited 3×
  Dr. P. Phillips Company appealed the dismissal of its bill in equity seeking to have a judgment declared satisfied and cancelled. The Florida Supreme Court reversed, holding that a judgment debtor who complies with court-ordered terms of a stay of execution—including payment to t
• May v. Whitehurst
  107 Fla. 174· Fla.· 1932-11-03 ·cited 3×
  In this ejectment action, the Florida Supreme Court affirmed a jury verdict for the plaintiff based on a Master's deed from foreclosure proceedings against a defendant claiming title through a later deed from the mortgagor. The Court held that jury verdicts on conflicting evidenc
• W. Coast Fruit Co. v. Hackney
  102 Fla. 1066· Fla.· 1931-10-01 ·cited 3×
  West Coast Fruit Company sued W.L. Hackney for breach of contract in 1925. After an erroneous directed verdict against the plaintiff was reversed on appeal in 1929, the plaintiff abandoned the original suit and filed a new one in 1929, which was barred by the statute of limitatio
• Johnson v. Evaristo Fernandez
  79 Fla. 508· Fla.· 1920-04-13 ·cited 3×
  The Florida Supreme Court reviewed a writ of certiorari challenging a Circuit Court's reversal of county court orders granting a motion in arrest of judgment, a motion for new trial, and a motion to vacate and set aside a verdict. The Court held that a writ of error lies only to
• Antunes v. Cyrus Vance
  640 F.2d 3· 4th Cir.· 1981-02-12 ·cited 2×
  The court held that the district court properly denied the petition for a writ of habeas corpus.
• Bryant v. Moore
  438 F.2d 1230· 1st Cir.· 1971-03-05 ·cited 2×
  The court held that the defendant was not constitutionally entitled to counsel when the increased sentence was imposed, as it was not a critical stage of the proceedings.
• Noah v. United States
  316 F.2d 159· 9th Cir.· 1963-03-21 ·cited 2×
  The court held that the petitioner was not entitled to relief on his petition for a writ of error, recall of mandate, coram nobis, or rehearing.
• Myers v. Blalock
  271 F.2d 442· 4th Cir.· 1959-11-02 ·cited 2×
  The court held that the appellant failed to demonstrate exhaustion of state remedies, and the district court properly dismissed the petition.
• Tillman Foster Etherton v. United States
  249 F.2d 410· 9th Cir.· 1957-06-25 ·cited 2×
  The court held that the defendant's post-conviction motions were untimely and that the statute under which he was convicted was not unconstitutionally vague.
• Klopp v. Overlade
  162 F.2d 343· 7th Cir.· 1946-12-27 ·cited 2×
  The court held that habeas corpus cannot be used to review errors of law that do not go to the jurisdiction of the trial court.
• Kuczynski v. United States
  145 F.2d 310· 7th Cir.· 1944-11-03 ·cited 2×
  The court held that the statute depriving an insane prisoner of good time deductions is not an ex post facto law and affirmed the denial of the appellant's motion.
• Schultz v. Walker
  130 F.2d 907· 7th Cir.· 1942-10-22 ·cited 2×
  The court held that the Master's deed was not void and that the plaintiff's prior actions cured any jurisdictional defects in the foreclosure suit.
• State v. King
  136 Fla. 356· Fla.· 1939-02-24 ·cited 2×
  The Florida Supreme Court dismissed a writ of error in a mandamus case where the relator sought to compel county commissioners to levy taxes for bonded debt service. The case became moot when the underlying county obligations were reduced to judgment in federal court and the rela
• Woodlawn Park Cemetery Co. v. Tangerman
  117 Fla. 470· Fla.· 1934-11-30 ·cited 2×
  In this assumpsit action on common counts, Woodlawn Park Cemetery Co. appealed a jury verdict for the defendant. The Florida Supreme Court affirmed, holding that the trial court's instruction regarding plaintiff's failure to produce evidence of a definite amount owed was proper a
• Ex Parte: B. W. Dyess
  109 Fla. 244· Fla.· 1933-03-24 ·cited 2×
  The Florida Supreme Court held that defects in an indictment that do not render it wholly insufficient to state the essential facts of the crime will not warrant discharge on habeas corpus, even if the indictment is demurrable or subject to other procedural challenges. Here, the