STATE OF FLORIDA, EX REL J. M. BRISTER,
v.
MRS. J. M. (CORINNE) BRISTER

Fla. | 1947-03-28
THOMAS, C.J., BUFORD and ADAMS, JJ., and HARRY N. SANDLER, Associate Justice, concur.
158 Fla. 662 Florida Supreme Court (1947) Negative Treatment
Also reported at: 29 So. 2d 699
Cited by 9 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

There is no order allowing this appeal from a judgment in habeas corpus as required by Section 79.11, Fla. Stat. 1941, F.S.A., therefore we are without jurisdiction to review the judgment arid the appeal is dismissed upon authority of Ex parte Finch, 15 Fla. 630; Wright et al. v. State, 32 Fla. 472, 14 So. 43; State ex rel Wilson v. Quigg, 154 Fla. 348, 17 So. 2d. 697.

Appeal dismissed.

THOMAS, C.J., BUFORD and ADAMS, JJ., and HARRY N. SANDLER, Associate Justice, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • McKinley Freeman v. Blackburn, 92 So. 2d 262 (Fla. 1957)
    …give permission to petitioner to appeal and that through omission or inadvertence the said order was not recorded, nor does it show that permission was given to take the appeal as the statute requires. State ex rel. Brister v. Brister, 158 Fla. 662, 29 So. 2d 699; Wright v. State, 32 Fla. 472, 14 So. 43; State ex rel. Wilson v. Quigg, 154 Fla. 348, 17 So. 2d 697. The purpose of a nunc pro tunc order is to supply an omission in the record of action previously done which omission was made through inadvertence…
  • …titioner now seeks certiorari [*291] review by reason of a sub silentio conflict “on the same point of law”, Section 4(2), Article V, of the Constitution, F.S.A., between the denial and the cases of State v. Quigg, 17 So. 2d 698; Brister v. Brister, 29 So. 2d 699; and Griffith v. State ex rel. Crownover, Fla.App.1963, 152 So. 2d 818. Section 79.11, F.S.A., is a remanent of the comprehensive habeas corpus procedure act of 1879, Chapter 3129, Laws of Florida, Section 10 of which act provided that: “The judge…
  • …under section 79.11, F.S.A., relating to appeals from habeas corpus orders, that the judge shall grant permission for the appeal. Cited by the State in support of this procedure are the cases of State ex rel. Brister v. Brister, 1947, 158 Fla. 662, 29 So. 2d 699; Freeman v. Blackburn, Fla., 1957, 92 So. 2d 262; Shenk v. Shenk, Fla. App., 1961, 126 So. 2d 286, cert. denied Fla., 138 So. 2d 340. The State then urges that since the judge did not grant the permission in the order appealed from, it was necessary…

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