JOHN BROWNING, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court dismissed a criminal appeal because the writ of error was not made returnable within the timeframe prescribed by statute, rendering the writ void and the court without jurisdiction.
Yes, the writ of error is void and the appellate court lacks jurisdiction if the writ is not made returnable according to statutory mandates.
“The writ of error in this case having been made returnable in violation of this law is void, and this being true, this court is without jurisdiction to hear or determine it, and the said cause is, therefore, stricken from our dockets and dismissed.”
This quote explains the court's reasoning for dismissing the case due to a defective writ of error.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error was convicted of larceny and sought review via a writ of error. The writ was issued and made returnable within the same term of…
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Taylor, C. J.:
The plaintiff in error was convicted and sentenced for the crime of larceny of a domestic animal at the Spring term, 1898, of the Circuit Court for DeSoto coun ty, ahd seeks a review of his trial by writ of error from this court.
The writ of error in the cause was issued on the 6th day of August, 1898, during the present June term of this court, and is made returnable to the 24th day of September, 1898, a day also within the present June term of this court.
Section 2972 Revised Statutes provides that writs of error in criminal cases shall be issued and made returnable as the like writs in civil cases.
Section 1270 Revised Státutes making provision for the issuance, teste, service and return of writs of error in civil actions prescribes that they “shall be returnable to the' first day of the next succeeding term of the appellate court, imless said first day shall be less than thirty days from the date of the writ, when it shall be made returnable to a day in such next succéeding term, more than thirty days and not more than fifty days from the date of the writ.” The writ of error in this case having been made returnable in violation of this law is void, and this' being true, this court is without jurisdiction to hear or determine it, and the said cause is, therefore, stricken from our dockets and dismissed. Simmons v. State decided at the present term.
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Citator
Cited By
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McJunkins v. Stevens, 88 Fla. 559 (Fla. 1925)…v. Hafleigh, 81 Fla. 631, 88 South. Rep. 470; Reed v. Cromer, 86 Fla. 390, 98 South Rep. 329; Driggs v. Higgins, 19 Fla. 103; Griffith v. Henderson, 52 Fla. 507, 42 South. Rep. 705; Anderson v. State, 73 Fla. 86, 74 South. Rep. 6; Browning v. State, 40 Fla. 466, 25 South. Rep. 62; Simmons v. State, 40 Fla. 467, 25 South. [*569] Rep. 62; Payne v. Roche, 41 Fla. 478, 27 South. Rep. 29; Fleming v. Fleming, 40 Fla. 154, 23 South. Rep. 571; Savannah, F. & W. Ry. Co. v. Justice, 41 Fla. 508, 26 South. Rep. 704;…
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Anderson v. State, 73 Fla. 86 (Fla. 1917)…e returnable to a day, either in term time or vacation more than thirty days and not more than ninety days from the date of the writ.” Sec. 1698 Gen. Stats. 1906, as amended by Chap. 5638, Acts 1907, Sec. 1698 Comp. Laws 1914. See Browning v. State, 40 Fla. 466, 25 South. Rep. 62. The fact that the Attorney General has not moved to dismiss the writ of error does not make the writ as issued effective. [*87] The writ of error is dismissed. Browne, C. J., and Taylor, Shackleford, Whitfield and Ellis, JJ., co…
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Savannah v. Justice, 41 Fla. 508 (Fla. 1899)…- A. D. 1899, contrary to law — §1270, Rev. Stats.' — and is, therefore, void, and does not give to this court jurisdiction of said cause, the [*509] said cause is, therefore, stricken from the dockets of this court and dismissed. Browning v. State, 40 Fla. 466, 25 South. Rep. 62; Simmons v. State, 40 Fla. 467, 25 South. Rep. 62; Price v. Broward, 39 Fla. 194, 22 South. Rep. 650; Fleming v. Fleming, 40 Fla. 154, 23 South. Rep. 571.…
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