Writ Of Error

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

• Brown v. State
  98 Fla. 208· Fla.· 1929-07-25 ·cited 2×
  The Florida Supreme Court quashed a writ of error because the "judgment" being appealed was merely a sentencing order that lacked a formal adjudication of guilt, which is a necessary prerequisite for appellate review.
• Kimmel v. Quigg
  93 Fla. 206· Fla.· 1927-02-07 ·cited 2×
  The Florida Supreme Court affirmed a lower court's decision to deny a writ of habeas corpus, upholding a conviction for violating a municipal ordinance related to auction sales licenses. The court relied on a prior ruling in a similar case.
• Farmer Concrete Works v. Gillooley
  91 Fla. 316· Fla.· 1926-02-24 ·cited 2×
  Farmer Concrete Works appealed from a lower court decision via writ of error, but the Florida Supreme Court dismissed the appeal because Farmer Concrete Works failed to file a complete assignment of errors with the trial court clerk as required by procedural rule 2, a vital requi
• Fid. & Deposit Co. of Md. v. Brown
  91 Fla. 47· Fla.· 1926-01-14 ·cited 2×
  The Florida Supreme Court held that a surety's filing of a plea in a related action, merely acknowledging the existence of a prior judgment without conceding its validity, does not constitute a waiver of the right to appeal that judgment by writ of error. The court denied the mot
• Payne v. Norris McElya
  90 Fla. 900· Fla.· 1925-12-19 ·cited 2×
  In this arbitration case, the Florida Supreme Court granted a motion to dismiss a writ of error because the arbitration award was not properly recorded in the court minutes as required by statute, which prevented it from becoming a final judgment subject to appellate review.
• The Bd. of Pub. Instruction for Marion Cnty. v. Godwin
  89 Fla. 379· Fla.· 1925-04-25 ·cited 2×
  The Florida Supreme Court addressed procedural motions in a mandamus case where the Board of Public Instruction sought to reinstate suspended high school students. The court denied motions to dismiss and vacate a supersedeas bond because the relators had abandoned the first writ
• Priest v. Hogan
  85 Fla. 457· Fla.· 1923-04-28 ·cited 2×
  This case concerns a motion to quash a supersedeas that was allegedly granted in an appeal. The court found that no supersedeas was actually obtained according to statutory requirements, and therefore, the motion to quash was denied.
• Andre v. F. A. P. Jones Inv. Corp.
  84 Fla. 488· Fla.· 1922-10-24 ·cited 2×
  Paul Andre sought to reinstate a writ of error after the Florida Supreme Court dismissed his appeal from a distress-for-rent judgment, claiming fraud in the use of a stipulation for dismissal. The Court upheld the dismissal, finding both that the case had become moot due to a set
• State v. Allen
  83 Fla. 652· Fla.· 1922-05-19 ·cited 2×
  Edgar C. Frady sought a supersedeas (stay) of a circuit court order denying him bail while held on a murder indictment. The Florida Supreme Court denied the application, holding that granting a supersedeas would improperly reverse the lower court's bail determination before the w
• Wenske v. Salley
  82 Fla. 224· Fla.· 1921-08-15 ·cited 2×
  In this ejectment action, the Florida Supreme Court reversed a judgment for the plaintiff where the defendant sought to raise equitable defenses regarding an allegedly improper execution sale. The court held that the defendant should have been allowed to plead equitable grounds,
• Marsh v. Atl. Coast Line R.R. Co.
  76 Fla. 534· Fla.· 1918-12-13 ·cited 2×
  The Florida Supreme Court dismissed a writ of error, finding that the clerk of the Circuit Court improperly entered an order dismissing the case. This order was not a final judgment that could support a writ of error to review the merits of the underlying case.
• Morgan v. Russell Carlton by his next friend
  73 Fla. 895· Fla.· 1917-04-19 ·cited 2×
  The Florida Supreme Court affirmed a judgment for the plaintiff in a personal injury case, finding that while technical errors may have occurred, they did not prejudice the defendant, and there was sufficient evidence to support the jury's verdict.
• The State of Fla. ex rel. Geo. B. Walters v. Horne
  72 Fla. 425· Fla.· 1916-11-28 ·cited 2×
  Florida Supreme Court held that appeals, not writs of error, are the exclusive procedure for reviewing convictions from county judge and justice of the peace courts. The court denied a petition for mandamus seeking to compel a circuit judge to review a county judge conviction via
• The Order of United Commercial Travelers of Am. v. Bell
  62 Fla. 565· Fla.· 1911-06-01 ·cited 2×
  The appellate court affirmed the dismissal of a bill seeking to nullify a prior judgment. The court held that the lower court had jurisdiction over the appellant because its attorney had made a general appearance by filing a demurrer, and any errors in subsequent proceedings did
• Rutan v. Studebaker
  60 Fla. 184· Fla.· 1910-06-01 ·cited 2×
  The Florida Supreme Court dismissed a writ of error taken by two of four defendants against a judgment rendered on a statutory proceeding involving an allegedly illegal execution. The court held that all parties jointly liable under a judgment must be joined in a writ of error, a
• McGeachy v. Bush
  55 Fla. 340· Fla.· 1908-01-01 ·cited 2×
  The Florida Supreme Court dismissed a writ of error because the lower court's judgment, which was solely for costs, was not a final judgment that could support such a writ. This ruling clarifies what constitutes an appealable final judgment.
• Readdy v. The Tampa Elec. Co.
  51 Fla. 289· Fla.· 1906-01-01 ·cited 2×
  The Florida Supreme Court dismissed a writ of error because the record failed to show that statutory arbitration procedures were properly followed, specifically that the arbitration agreement was never made a rule of court or properly recorded as required by statute. The court he
• Morrison v. McCaskill
  46 Fla. 233· Fla.· 1903-06-01 ·cited 2×
  The Florida Supreme Court dismissed a writ of error because no final judgment had been rendered in the lower court, making the appeal premature. The court cited several prior cases establishing the requirement for a final judgment to support a writ of error.
• Camp v. Jennings
  44 Fla. 533· Fla.· 1902-06-01 ·cited 2×
  William Camp and Eugene West sought a writ of mandamus against Florida state officials regarding an alleged contract with the Commissioner of Agriculture. The Florida Supreme Court dismissed the writ of error because two companion cases decided the same day determined that no val
• Varn v. Asa D. Alderman
  42 Fla. 378· Fla.· 1900-06-01 ·cited 2×
  This case concerns whether the Circuit Court had jurisdiction to hear a case filed after a county court with exclusive jurisdiction over smaller claims was established. The court held that the Circuit Court erred in assuming jurisdiction, as the county court was the proper venue
• Player v. Jac. Bokenfohr
  40 Fla. 415· Fla.· 1898-06-01 ·cited 2×
  The Florida Supreme Court dismissed an appeal for lack of jurisdiction because no writ of error was ever issued or lodged with the lower court, despite the parties' agreement to proceed without formal citation. The court held that the issuance and proper lodgment of a writ of err
• Ropes v. The Snyder Harris Bassett Co.
  35 Fla. 537· Fla.· 1895-01-01 ·cited 2×
  The Florida Supreme Court rejected a motion to dismiss an appeal brought by defendant Ropes from a judgment rendered against him in an assumpsit action. The court held that an appeal properly entered during the term of judgment, even without a bill of exceptions or writ of error,
• Mathews v. Durkee
  34 Fla. 559· Fla.· 1894-06-01 ·cited 2×
  In this ejectment action, the Florida Supreme Court affirmed judgment for defendants who claimed title through adverse possession under the statute of limitations. The court held that even though the administratrix of the decedent's estate was the legal party to defend against th
• The State of Fla. ex rel. Pensacola & Atl. R. R. Co. v. Walker
  32 Fla. 431· Fla.· 1893-06-01 ·cited 2×
  This case concerns the procedural requirements for appealing a justice of the peace's judgment to the Circuit Court. The court held that a writ of error was not the proper mechanism for such an appeal, and a motion to amend the return was denied.
• Brown v. Wheeler & Wilson Mfg. Co.
  25 Fla. 361· Fla.· 1889-01-01 ·cited 2×
  The Florida Supreme Court dismissed an appeal because the appellants failed to file their appeal bond within the statutory time limit, rendering the appeal untimely.
• Ex parte Davis
  23 Fla. 56· Fla.· 1887-01-01 ·cited 2×
  The Florida Supreme Court granted bail to a petitioner whose conviction had been reversed, finding that his continued confinement under the reversed judgment was unlawful. The court ordered his release upon posting bail.
• Gagnet v. Reese
  20 Fla. 438· Fla.· 1884-01-01 ·cited 2×
  The Florida Supreme Court held that a writ of error does not lie to challenge a habeas corpus judgment discharging a prisoner from unlawful confinement, as such a reversal would be inconsistent with the statute's purpose to provide speedy, effective protection of citizens' libert
• The Orange Cnty. High Sch. v. Sanford
  17 Fla. 120· Fla.· 1879-01-01 ·cited 2×
  The Florida Supreme Court dismissed an appeal because it was not properly perfected. The appellant failed to file a writ of error and a required appeal bond, rendering the appeal invalid.
• Bradford v. Marvin & Martin
  2 Fla. 101· Fla.· 1848-01-01 ·cited 2×
  The court dismissed a case brought by writ of error because chancery cases must be appealed, not brought by writ of error. This clarifies the proper procedural mechanism for appellate review of different types of cases.
• Howse & Holloman v. Mills Judson
  1 Fla. 133· Fla.· 1846-01-01 ·cited 2×
  The court dismissed a writ of error filed by William Forbes, who purchased property subject to a judgment against the original owners, Howse & Holloman. The court held that Forbes, not being a party or privy to the original judgment, could not prosecute a writ of error to reverse
• The State v. Call
  1 Fla. 92· Fla.· 1846-01-01 ·cited 2×
  The Florida Supreme Court dismissed a criminal appeal for lack of jurisdiction because the trial judge's certification did not properly express doubt on a legal question as required by an 1841 territorial statute. The case illustrates strict procedural requirements for appellate
• Gray v. Belden
  3 Fla. 110· Fla.· 1850-01-01 ·cited 1×
  Gray was sued on a note for $200 given to Vickers in exchange for a 30-day stay of execution on property levied for a $4,000 debt. The Florida Supreme Court reversed the trial court's judgment and remanded for new trial, holding the contract usurious because it charged interest a
• Middlecap Assocs., LLC v. C.A. No. N23C-03-181 CEB THE Town OF Middletown
  Del. Super. Ct.· 2023-10-16
  The Court denied the motion to dismiss the certiorari complaint, finding the claim was not time-barred due to exceptional circumstances arising from procedural ambiguity and lack of prejudice. The Court also denied the argument that Middlecap failed to exhaust administrative reme
• Dove Inv. Corp v. Sing Hon Lau
  Fla. 1st DCA· 2023-09-01
  An order directing that judgment be rendered for the defendant is not a final judgment sufficient to confer appellate jurisdiction unless it contains language equivalent to adjudging that the plaintiff take nothing by the suit and the defendant go hence without day.
• Ferguson v. COX
  464 F.2d 461· 4th Cir.· 1972-07-26
  The court held that the petitioner had not exhausted state remedies for all claims, and that state remedies remained available to him, thus affirming the district court's dismissal.
• Tanksley v. Warden State Penitentiary OF the State OF Colo.
  429 F.2d 1308· 10th Cir.· 1970-08-27
  The court held that the federal district court correctly dismissed the habeas petition because the petitioner had not exhausted his available state remedies.
• Adargo v. Patterson
  371 F.2d 822· 10th Cir.· 1967-01-13
  The court held that the appellant had not exhausted his state remedies because the Colorado Supreme Court had not yet finally determined his writ of error concerning his original conviction.
• United States ex rel. James Wright v. Randolph
  297 F.2d 803· 7th Cir.· 1962-01-09
  The court held that a federal court should not grant a writ of habeas corpus if the petitioner has not exhausted available state remedies.
• McDonald v. Frates
  133 So. 2d 775· Fla. 3d DCA· 1961-11-02
  This case concerns whether an order allowing an appeal is required for appeals from habeas corpus proceedings in light of constitutional amendments granting appeals as a matter of right. The court held that appeals in such cases are a matter of right and do not require a special
• Davis v. Smyth
  167 F.2d 221· 4th Cir.· 1948-03-23
  The court held that the district court's dismissal of the habeas corpus petition was proper.
• State v. Coleman
  148 Fla. 381· Fla.· 1941-10-31
  Charles I. Sands petitioned for habeas corpus, challenging his detention under an embezzlement indictment on grounds that the grand jury relied on records unlawfully obtained through subpoena duces tecum. The Florida Supreme Court held that habeas corpus cannot be used to test th
• Bramlett v. State
  147 Fla. 771· Fla.· 1941-07-22
  J. B. Bramlett was convicted of charging usurious interest and filed a writ of error in the Florida Supreme Court. The circuit court dismissed the writ without sufficient cause, and the Supreme Court granted certiorari to quash the dismissal and remand for further appellate proce
• Johnson v. Fla. Plantations Co.
  146 Fla. 41· Fla.· 1941-02-04
  The Florida Supreme Court affirmed a judgment for the plaintiff in an ejectment suit, finding that the defendants' possession of land, though claimed to be different from that described in the declaration, was indeed the land in question. The court found no reversible error in th
• Araxy Proodian v. Plymouth Citrus Growers Ass'n
  143 Fla. 788· Fla.· 1940-07-23
  The Florida Supreme Court affirmed dismissal of an equitable action seeking to enjoin a defendant from asserting a set-off defense in a pending common-law action. The court held that where a common-law court has adequate machinery to hear and resolve defenses to a set-off plea, e
• State ex rel. Robert Brown v. The City of Fort Pierce
  142 Fla. 503· Fla.· 1940-03-26
  The Florida Supreme Court affirmed a lower court's decision to quash an alternative writ of mandamus and dismiss the petition, finding no errors in the record. The relator declined to amend their petition further after the motion to quash was granted.
• Mitchem v. State
  142 Fla. 75· Fla.· 1940-02-27
  Three defendants were convicted of grand larceny for stealing automobile wheels and tire casings valued at $125. The Florida Supreme Court affirmed the convictions of Bill Jack Mitchem and Dick Nowling but dismissed the writ of error as to Julian Mitchem because his suspended sen
• City of N. Miami Beach v. State ex rel. George Couper Gibbs
  141 Fla. 614· Fla.· 1940-01-19
  The Florida Supreme Court affirmed a lower court's judgment of ouster, which removed 291.87 acres of land from the jurisdiction of the City of North Miami Beach. The court found no reversible error, relying on established legal principles from prior cases.
• Smith v. Shelfer
  139 Fla. 537· Fla.· 1939-07-28
  The Florida Supreme Court upheld dismissal of a writ of error by the circuit court, holding that the writ was untimely filed because it was not sued out within three months of the order granting a new trial, thereby depriving the circuit court of jurisdiction.
• Hoke Williams v. Hon. J. E. Albritton
  139 Fla. 195· Fla.· 1939-07-07
  Hoke Williams was convicted of being drunk on intoxicating liquor in DeSoto County, Florida. On appeal, Williams challenged the validity of his conviction, primarily arguing that the information against him was defective because it was not verified under oath. The Florida Supreme
• United Indep. Laundries, Inc. v. Holden
  135 Fla. 338· Fla.· 1938-12-12
  The Florida Supreme Court addressed whether a writ of error could be taken to an order granting a new trial, even when that order also included a motion for repleader. The court held that the writ of error was permissible and denied a motion to dismiss it.