THOMAS E. SAVAGE, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court dismissed a writ of error because the record lacked a formal final judgment, despite the appellant raising other issues on rehearing. The court emphasized that new grounds cannot be introduced on rehearing unless they address a specific omission or error in the judgment.
No, new grounds cannot be raised on rehearing. However, because the court's attention was called to the absence of a formal final judgment in the record, the writ of error must be dismissed.
“We have examined the petition for rehearing in this cause. The grounds, as stated in such petition, are, first, that subsequent to the trial, conviction and sentence of the plaintiff in error, and while the cause was pending in this court upon a writ of error, the law under which the indictment was found, upon which the trial was had, was repealed; second, that there is no formal final judgment against the plaintiff in error contained in the record, but only an entry upon the minutes that the sentence was pronounced by the court.”
This quote outlines the two main grounds presented by the plaintiff in error in their petition for rehearing.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error was convicted and sentenced, and the case was pending on a writ of error. On rehearing, the plaintiff in error argued that the …
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Mr. Justice VanValkenburgh
delivered the opinion of the court on the petition:
"We have examined the petition for rehearing in this cause. The grounds, as stated in such petition, are, first, that subsequent to the trial, conviction and sentence of the plaintiff in error, and while the cause was pending in this court upon a writ of error, the law under which the indictment was found, upon which the trial was had, was repealed; second, that there is no formal final judgment against the plaintiff in error contained in the record, but only an entry upon the minutes that the sentence was pronounced by the court.
Neither of these points were made by the counsel for the plaintiff in error in the assignment of error, nor upon his brief, but the judgment was treated and argued by him as having been duly and «formally entered and presented in the record, and the attention of the court was in no way called to either of such, now assigned errors.
Rule 24 of the Supreme Court provides that “ the petition shall not assume any new ground or position not taken upon the argument or in the points made, upon which the cause was submitted, but must set forth concisely the particular omission or cause for which the judgment is supposed to be erroneous.”
In this case, however, inasmuch as our attention is now called to the fact that no final judgment is found in the record, the writ of error must be dismissed. DECISIONS OE THE SUPREME COURT OF FLORIDA. JANUARY TERM, A. D. 1883.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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O. v. Gates, 22 Fla. 325 (Fla. 1886)
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State ex rel. v. Newman, 24 Fla. 33 (Fla. 1888)
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Strickland v. Knight, 47 Fla. 327 (Fla. 1904)…itself an evil, entailing more or less injury to society, increasing pauperism and crime, requiring additional police supervision, that high license or prohibition is justifiable and constitutional. Ibid., section 119; State ex rel. Arpen v. Brown, 19 Fla. 561, text 601; Cooley on Const. Limitations (7th ed.) 849. It seems to me clear that when the people of a county or precinct have voted into operation the prohibition feature of our constitution, they have important rights involved in the proper enforc…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Savage v. State, 18 Fla. 970 (Fla. 1882)