DAN DURLEY
v.
NATHAN MAYO, STATE PRISON CUSTODIAN
DAN DURLEY
NATHAN MAYO, STATE PRISON CUSTODIAN
160 Fla. 922
Florida Supreme Court (1948)
Positive Treatment
Also reported at: 37 So. 2d 320
Cited by 8 cases
Opinion of the Court
We have submitted to us a petition for writ of error coram nobis. It having been made to appear that the case wherein the petitioner was tried, convicted and adjudged .guilty was not appealed to this Court and that this Court is without jurisdiction to act, and that the proper court would be the trial court:
Whereupon it is ordered that said petition be denied and the petition filed herein be returned by the Clerk to the petitioner.
THOMAS, C. J., ADAMS and HOBSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Woods, 400 So. 2d 456 (Fla. 1981)…n to seek such relief has first been obtained from the appellate court. Id. at 484. However, where no appeal of the judgment has been sought, as in the case at bar, the petition must be made to the original trial court. Durley v. Mayo, 160 Fla. 922, 37 So. 2d 320 (1948); Skipper v. State, 128 Fla. 362, 174 So. 863 (1937); State v. Stettin, 364 So. 2d 95 (Fla. 3d DCA 1978). Petitioner argues that the original trial court in this case, the only court having jurisdiction to entertain respondent’s petition, was…
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Carbajal v. State, 582 So. 2d 173 (Fla. 5th DCA 1991)…87-CF-J entitled “Amended Order Denying Petition for Post-Conviction Relief.” Said petition should be filed in the circuit court. See State v. District Court of Appeal of Florida, First Dist., 569 So. 2d 439 (Fla.1990); Durley v. Mayo, 160 Fla. 922, 37 So. 2d 320 (1948). But see Dugart v. State, 578 So. 2d 789 (Fla.4th DCA 1991). AFFIRMED. COBB, HARRIS and PETERSON, JJ., concur.…