WILLIAM D. HEEBNER, APPELLANT,
v.
TOWN OF ORANGE CITY, A MUNICIPAL CORPORATION, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court dismissed an appeal because the appellant improperly used an appeal instead of a writ of error to challenge a judgment at law. The court clarified that after the Revised Statutes, appeals are generally not permitted from judgments at law.
No, an appeal is not the proper mechanism. A writ of error is required to review judgments at law, as appeals are not permitted from such judgments under the Revised Statutes.
“Since the adoption of the Revised Statutes there is no such thing as an appeal from a judgment at iaw, but such judgments can be reviewed only by writ of error unless especially otherwise provided.”
This quote explains the core legal principle regarding the distinction between appeals and writs of error for different types of judgments.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellant filed a statutory petition under a 1897 law, which resulted in a judgment. The appellant then took an appeal from this judgment to the F…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Per Curiam.
This cause being reached in its regulab order on the docket for final adjudication wa® referred by the court to its commissioners for investigation, who report the same reoc'inmending dismissal of the appeal. Upon considera tion of the cause upon the abstracts of the record the court finds that the proceeding wa® a statutory petition under Chapter 4601 laws of 1897, and from the judgment in which an appeal has been taken to this court instead of a writ of error. Such a proceeding is one at law and not in equity. City of Tampa v. Mugge, 40 Fla. 326, 24 South. Rep. 489; City of Tampa v. Kaunitz, 39 Fla. 683, 23 South. Rep.
416. Since the adoption of the Revised Statute® there is no such thing as an appeal from a judgment at iaw, but such judgments can be reviewed only by writ of error unless especially otherwise provided. The said appeal taken in said cause is, therefore, hereby dismissed at the cost of the appellant.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. The City of Avon Park, 108 Fla. 641 (Fla. 1933)…y excluded from the benefits of such municipal organization.” See Welch v. Town of Cottondale, 61 Fla. 470, 54 So. 594; Town of Ormond v. Shaw, 50 Fla. 445, 39 So. 108; Phillips v. Altamonte Springs, 92 Fla. 863, 110 So. 460; Heebner v. Orange City, 44 Fla. 159, 32 [*652] So. 879; City of Ocoee v. West, 102 Fla. 277, 130 So. 9. See also City of Jacksonville v. L’Engle, 20 Fla. 344; Sections 3054 (1921) et seq., C. G. L. Section 24, Article IV, Constitution of 1861, and Section 20, Article IV, Constitution…1 / 2
-
First Nat'l Bank of Miami v. Bebinger, 99 Fla. 1290 (Fla. 1930)…a case. The term implies the existence of present or possible adverse parties, whose contentions are submitted to the Court for adjudication.” Muskrat v. U. S., 219 U. S. 341, 53 Law Ed. 246. In this general connection, see: Heebner v. Orange City, 44 Fla. 159, 32 So. R. 879; Baker v. State (Ind.) 9 N. E. R. 711; Herrich v. Kaufman, (Cal.) 33 Pac. R. 857, 37 A. S. R. 50; Watson v. Pryor (Cal.) 193 Pac. R. 797; Societa di Mutuo v. Mantel (Cal.), 89 Pac. R. 659; Pounds v. Chatham, 96 Ind. 342; Harper v. Bag…
-
Clinton v. Colclough, 54 Fla. 520 (Fla. 1907)…ing the proceedings on affidavit of illegality of execution under the statute. This being -so the only proper proceeding for reviewing the orders and judgments made under such special statutory provisions is by writ of error; Heebner v. Orange City, 44 Fla. 159, 32 South. Rep. 879; Trabue v. Williams, 46 Fla. 228, 35 South. Rep. 872. As no writ of error appears to have been issued in this cause and as the appeal entered gives this court no jurisdiction of the cause, the appeal must be dismissed, and it is…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The City of Tampa v. Isadore Kaunitz, 39 Fla. 683 (Fla. 1897)
- City of Tampa v. Mugge, 40 Fla. 326 (Fla. 1898)