LUCINA AUGUSTA FINCH, AS ADMINISTRATRIX OF THE ESTATE OF OLIVER G. FINCH, DECEASED, PLAINTIFF IN ERROR,
v.
R. E. BONAR, DEFENDANT IN ERROR

Fla. | 1903-06-01
Maxwerr and Cockrerr, JJ., concur., Tayror, C. J., and Shackreeord, J., concur in the opinion., Hocker, J., being disqualified, took no part in its. consideration.
46 Fla. 246 Florida Supreme Court (1903) Positive Treatment
Cited by 6 cases

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Synopsis

The Florida Supreme Court dismissed a writ of error because the case should have been appealed via a chancery appeal. The court clarified that appeals from county judges in probate matters to the circuit court, and then to the Supreme Court, must follow chancery appeal rules.

Holding

A writ of error does not lie in this case; the proceeding must be by appeal governed by chancery rules. Therefore, the writ of error is dismissed.

Key Quotes

“appeals from the county judge to the Circuit Court in matters pertaining to his probate jurisdiction and in the management of the estates of infants, and from the Circuit Court to the Supreme Court in such matters arising before the county judge, shall be governed in all respects by the law and rules regulating appeals in chancery.”

This quote establishes the procedural rule governing appeals in probate matters.

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Facts & Procedural History

The plaintiff in error sought to reverse a judgment from the Circuit Court of Marion county. The Circuit Court had affirmed an order from the county j…

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Topics
Probate Court Jurisdiction Writ Of Error Appeal Appellate Jurisdiction

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Opinion of the Court
Carter, P. J.

Carter, P. J.

Plaintiff in error seeks by writ of error to reverse a judgment of the Circuit Court of Marion county which in an appellate proceeding affirmed an order of the county judge of that county made in a matter pertaining to his probate jurisdiction.

Section 1280, Revised Statutes, provides that “appeals from the county judge to the Circuit Court in matters pertaining to his probate jurisdiction and in the management of the estates of infants, and from the Circuit Court to the Supreme Court in such matters arising before the county judge, shall be governed in all respects by the law and rules regulating appeals in chancery.”

Under section 5, article V, constitution of 1885, this court has jurisdiction to review judgments of the Circuit Courts when acting as appellate courts in cases arising before judges of the county courts in matters pertaining to their probate jurisdiction, but under the quoted section of the Revised Statutes the proceeding must be by appeal, governed by the law and rules regulating appeals in chancery, and not by writ of error. As no appeal was entered in this case, and the writ of error sued out does not lie, the proceeding must be dismissed, and it will be so ordered. See Grooms v. Wood, 43 Fla. 50, 29 South. Rep. 445 ; Heebner v. Town of Orange City, 44 Fla. 159, 32 South. Rep. 879.

Maxwerr and Cockrerr, JJ., concur. Tayror, C. J., and Shackreeord, J., concur in the opinion.

Hocker, J., being disqualified, took no part in its. consideration.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Garner v. Garner, 83 Fla. 143 (Fla. 1922)
    …provided by Sections 1710, 1711, 1712 and 1911, General Statutes 1906, and Chapter 7355, Acts of 1917, in probate matters from [*151] the county judge’s court to the Circuit Court and from the Circuit Court to the Supreme Court. See Finch v. Bonar, 46 Fla. 246, 35 South. Rep. 189. The entry of the appeal filed in the Circuit Court was sufficient to give the Supreme Court jurisdiction of the subject matter of the Appeal. See Henry Vogt Mach. Co. v. Milton Land & Investment Co., 74 Fla. 116, 76 South. Rep.…
  • Loewenthal v. Mandell, 125 Fla. 685 (Fla. 1936)
    …provided.” The order above quoted was affirmed on appeal to the Circuit Court. From such order affirmance by the Circuit Court, an appeal was taken to this Court. Sec. 5, Art. V, Constitution of Florida; Secs. 4642 (2923) C. G. L.; Finch v. Bonar, 46 Fla. 246, 35 So. 189. The statutes of Florida provide that: "The venue of probate of all wills and granting of letters of administration shall be: “(a) In the county in this State where the decedent had his domicile. “(b) If the decedent has' no domicile…
  • Clinton v. Colclough, 54 Fla. 520 (Fla. 1907)
    …quity. The only appeals allowed by the statutes from orders and judgments entered by the circuit courts and circuit judges are from decrees and orders in equity and. probate causes. Secs. 1710, 1906 et seq. General Statutes of 1906; Finch v. Bonar, 46 Fla. 246, 35 South. Rep. 189; Montgomery v. Thomas, 40 Fla. 450, 25 South. Rep. 62. [*522] Section. 1690 of the General Statutes of 1906 pro* vides that “all proceedings to procure review by an appellate court of the proceedings of a lower court in cases at…

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