STEPHEN D. ROBERTS, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a lower court's decision to remand a habeas corpus case, finding that the lower court lacked jurisdiction due to an insufficient statement of disqualification by the original judge. The case highlights the procedural requirements for transferring judicial matters.
No, the judge of the Second Judicial Circuit did not have jurisdiction. The failure to state the cause of disqualification in the record renders the proceedings imperfect and prevents the transfer of jurisdiction.
“The Judge of the Third Circuit has failed [*245] to state tlie ground oí his disqualification, and the record does not otherwise show it. He merely states that he is “disqualified to hear and determine” the cause. This is not sufficient.”
Establishes the factual basis for the lack of jurisdiction.
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Join FLexlaw to unlock all legal intelligenceA writ of habeas corpus was granted and transferred from the Third Judicial Circuit to the Second Judicial Circuit. The judge in the Third Circuit sta…
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Raney, C. J.:
A wilt-of habeas corpvs was granted on petition of the plaintiff in error by one of the Justices of this court, and under Sec. 5 of Article Y of the Constitution, made returnable before the Hon. John If. White, Judge of the Third Judicial Circuit, arid he made an order transferring it to. Leon county in the Second Judicial Circuit, to be heard by the Judge of that Circuit. The latter Judge has made an order remanding the petitioner to the custody in which he was when the writ was issued. The Judge of the Third Circuit has failed to state tlie ground oí his disqualification, and the record does not otherwise show it. He merely states that he is “disqualified to hear and determine” the cause. This is not sufficient. The cause of disqualification must appear in the record. Williams vs. Robles, 22 Fla., 95; Swepson vs. Call and Baker, 13 Fla., 337:
If this cause is one transferable under the statute, the proceedings are for the reason stated imperfect, and do not confer jurisdiction on the Judge of the Second Circuit. There are doubts in our minds that it is, but we cannot pass on the question now.
The judgment of the Judge of the Second Circuit must be reversed and set aside for want of jurisdiction, and the canse remanded for farther proceedings by the Judge of tlie Third Circuit in accordance with this opinion and the law obtaining in such cases. It will be so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Butler v. Butler, 172 So. 2d 899 (Fla. 3d DCA 1965)…he judgment by mistake is refuted by the record. It is clear that the chancellor did not consider himself disqualified. No ground for disqualification appears on the record, and no disqualification order was filed in the cause. See Roberts v. State, 27 Fla. 244, 9 So. 246; State ex rel. Bryan v. Albritton, 114 Fla. 725, 154 So. 830-831. The chancellor considered the various motions on their merits and made further rulings in the case. Moreover, if the chancellor had considered himself disqualified and for…
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Finley v. Enoch B. Chamberlin, 46 Fla. 581 (Fla. 1903)…egal cause for the transfer must not only be judicially ascertained, but must appear in the order of transfer, or otherwise, in the record. Swepson v. Call, 13 Fla. 337; Smith v. Gibson, 14 Fla. 263; Williams v. Robles, 22 Fla. 95; Roberts v. State, 27 Fla. 244, 9 South. Rep. 246; Tampa St. Ry. & Power Co. v. Tampa Suburban R. Co., 30 Fla. 595, 11 South. Rep. 562. In some of these cases the court uses language broad enough to support the contention of the appellee that if the ground of the transfer is not…
Authorities Cited
- Swepson v. Wilkinson Call and James M. Baker, 13 Fla. 337 (Fla. 1869)
- Williams v. Robles, 22 Fla. 95 (Fla. 1886)