THE STATE OF FLORIDA EX REL. FRANK S. PORTER, PLAINTIFF IN ERROR,
v.
W. D. VINZANT, CHIEF OF POLICE OF THE CITY OF JACKSONVILLE, DEFENDANT IN ERROR

Fla. | 1905-01-01
Whitfield, C. J., and Carter, J., concur., Taylor, P. J., and Hooker and Cockrell, JJ., concur in the opinion.
49 Fla. 130 Florida Supreme Court (1905) Positive Treatment
Cited by 6 cases

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Synopsis

The Florida Supreme Court dismissed an appeal because the writ of error was not properly allowed or granted as required by statute, meaning the court lacked jurisdiction to hear the case.

Holding

No, the Florida Supreme Court does not have jurisdiction to hear the case because the writ of error was not properly allowed or granted as required by statute.

Key Quotes

“consequently this court must refuse to entertain the same, under the authority of Wright v. State, 32 Fla. 472, 14 South. Rep. 43, and it must be dismissed at the cost of the relator.”

This quote establishes the court's reasoning for dismissing the case due to lack of proper procedure.

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Facts & Procedural History

Frank S. Porter applied for a writ of habeas corpus, which was denied by the Fourth Judicial Circuit Judge. The Clerk of the Circuit Court issued a wr…

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Topics
Habeas Corpus Proceedings Habeas Corpus

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Opinion of the Court
Shackleford, J.

Shackleford, J.

An application was made 1o the Judge of the Fourth Judicial Circuit of Florida, for a writ of habeas corpus on the petition of Frank S. Porter, and on the hearing thereof an. order ivas made denying the writ and remanding the petitioner to the custody of W.

D. Vinzant, Chief of Police of the city of Jacksonville. To this judgment the Clerk of the Circuit Court in and for Duval County issued a writ of error returnable before this court on the 25th day of January, 1905. There was no allowance or grant of this writ by this court; nor by any of its justices, or by the Circuit Judge, as provided by section 1780 of Rev. Stats. of 1892, as amended by Chapter 4920, laws of 1901, consequently this court must refuse to entertain the same, under the authority of Wright v. State, 32 Fla. 472, 14 South. Rep. 43, and it must be dismissed at the cost of the relator. Whitfield, C. J., and Carter, J., concur. Taylor, P. J., and Hooker and Cockrell, JJ., concur in the opinion.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Hardee v. Brown, 56 Fla. 377 (Fla. 1908)
    …thereof, a writ of error returnable to the Supreme Gourt. It is essential that the writ of 'error be granted by the judge who heard the cause, -or by a Justice of the Supreme Court, 'as required by tlhe statute. See State ex rel. Porter v. Vinzant, 49 Fla. 130, 38 South. Rep. 366; [*381] Wright v. State, 32 Fla. 472, 14 South. Rep. 43. See also Ex parte Cox, 44 Fla. 537, 33 South. Rep. 509, 61 L. R. A. 734_ _ The defendant in error moved to dismiss the writ of error because it was not served according to…
  • Roach v. Keep, 73 Fla. 1048 (Fla. 1917)
    …error to a judgment in a habeas corpus proceeding issued by the Clerk of the Circuit Court, without the allowance thereof- either by. the judge who heard the cause or by a justice of the Supreme Court, is a nullity. State ex rel. Porter v. Vinzant, 49 Fla. 130, 38 South. Rep. 366; Wright v. State, 32 Fla. 472, 14 South. Rep. 43; Hardee v. Brown, 56 Fla. 377, 47 South. Rep. 834, text 380. While the plaintiff in error was entitled to a writ of error, an order granting it is necessary under the statute. Di…
  • McCann v. Julien J. Proskauer, 93 Fla. 383 (Fla. 1927)
    …endered bad because the Court refuses to fix the amount and conditions of a supersedeas bond. The Court could have denied a writ of error; it was within its power. See Roach v. Keep, 73 Fla. 1048, 75 South. Rep. 528; State ex rel. Porter v. Vanzant, 49 Fla. 130, 38 South. Rep. 366. The petition was not defective. It alleged that petitioner was the father of the two children and that he was deprived of their custody by the respondent to whom the petitioner had committed the temporary custody of the childre…

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