RALPH KUBIE, INDIVIDUALLY AND TRADING AS "RALPH'S JEWELRY STORE,"
v.
KARLSBAD CORPORATION, ET AL.
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The Circuit Court lacked jurisdiction to review the County Judge's order granting a new trial via writ of certiorari, as such an order is not a final judgment and statutory appeal provisions do not apply.
A landlord-tenant proceeding resulted in a judgment for the landlord. The tenant filed a motion for a new trial, which the County Judge granted. The C…
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Prohibition is sought to prohibit the execution of an order and judgment of the Circuit Court of Dade County quashing an order of the County Judge’s Court of Dade County wherein the County Judge of Dade County had granted a motion for hew trial in a landlord-and-tenant proceeding, wherein judgment had been rendered in favor of the petitioner, the landlord, and ousting the tenant.
The controlling question here is whether or not the Circuit Court of Dade County had jurisdiction to review the order of the County Judge under writ of certiorari. Section 83.27 Fla. Statutes, provides for review of judgments by appeal after motion for new trial has been denied.
We hold that the provisions of Section 83.27, supra, do not authorize appeal from orders granting new trial. Certio*391rari will not lie to review such orders because they do not constitute a final judgment.
Judgment was entered on October 30th in the County Judge’s Court. Two days later Respondents filed motion for new trial. The filing of the motion tolled the time fixed in Section 83.25 Fla. Statutes within which warrant of possession is required to issue.
The jurisdiction of the Circuit Court to review proceedings of this nature was fully discussed by us in the case of Dade Realty Corporation v. Schoenthal, 149 Fla. 674, 6 So. (2nd) 845.
Certiorari should have been denied.
On authority of our opinion and judgment in the Schoenthal case, the writ of prohibition is granted as prayed.
So ordered.
CHAPMAN, C. J., and THOMAS, J., and HARRISON, Circuit Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kubie v. THE Honorable Ross Williams, 159 Fla. 80 (Fla. 1947)…BUFORD, J.: This is the second appearance of this case here. On its former appearance it was on petition for prohibition and the writ was awarded. Kubie v. Karlsbad Corporation, et al., 158 Fla. 390, 28 So. 2d 686. The suit was initiated as a statutory action by the landlord to oust the tenant who was alleged to have unlawfully held possession of the demised premises after the expiration of his lease and after demand for possession by the land…
Authorities Cited
- Dade Realty Corp. v. Schoenthal, 149 Fla. 674 (Fla. 1942)