GEORGE R. CARTER, PLAINTIFF IN ERROR,
v.
WALTER F. WARNOCK AS CLERK OF THE CIRCUIT COURT OF CITRUS COUNTY, DEFENDANT IN ERROR
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The Florida Supreme Court dismissed a writ of error because the lower court's ruling being appealed was not a final judgment. The court emphasized that a final judgment is required before a writ of error can be used to review proceedings.
No, the denial of a motion to strike grounds of an answer is not a final judgment. Therefore, a writ of error cannot be used to review such a ruling.
“The ruling of the Circuit Judge denying this motion is in no sense of the word such a final judgment as will support writ of error.”
Establishes that the appealed ruling was not a final judgment.
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Join FLexlaw to unlock all legal intelligenceThe relator sought a writ of mandamus to compel the clerk of the circuit court to issue a warrant for a bill approved by the county commissioners. The…
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Taylor, J.
The plaintiff in error as relator below filed his petition in the Circuit Court of Citrus County against the defendant in error as Clerk of the Circuit Court and ex-officio clerk of the board of county commissioners for said county for mandamus to compel the issuance of a warrant for the amount of a bill alleged to have been approved and ordered paid by the board of county commissioners. Alternative writ ’ of mandamus was ordered to be issued, but the respondent waived the actual issuance of the alternative writ agreeing to treat the petition filed as and for said alternative writ. The respondent answered, and the relator moved to strike various grounds of the answer. This motion was denied, and to review such ruling the relator brings the case here by writ of error. The ruling of the Circuit Judge denying this motion is in no sense of the word such a final judgment as will support writ of error. No final disposition of the cause •is made by the ruling sought to be reviewed, but it is simply an order denying the relator’s motion to strike certain grounds of the respondent’s, answer. In mandamus, as well as in other actions at law, there must be a final judgment before writ of error will lie to review the proceedings. It follows that the writ of error herein must be, and is hereby, dismissed at the cost of the plaintiff in error. All concur, except Parkhill, J., absent on account of illness.
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City OF Miami Beach v. State ex rel. Pickin' Chicken OF Lincoln Rd., Inc., 129 So. 2d 696 (Fla. 3d DCA 1961)…ry writ, then on noting the lack of finality thereof, entered the final order from which the appeal was taken. [*698] The requirement that in mandamus, as well as in other actions at law, there must be a final judgment for appeal (Carter v. Warnock, 57 Fla. 49, 49 So. 186; State ex rel. Rhodes v. Goodson, 65 Fla. 475, 62 So. 481; State ex rel. Ware v. City of Miami, Fla.App.1958, 107 So. 2d 385) was met by the entry of the judgment awarding or granting to the relator the peremptory writ of mandamus. See S…
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The State of Fla. ex rel. L. S. Rhodes v. Goodson, 65 Fla. 475 (Fla. 1913)…e find ourselves confronted with the question as to whether or not this order is of such a nature as to constitute a final judgment so as to support a writ of error, (he defendants in error contending that it is not. As we held in Carter v. Warnock, 57 Fla. 49, 49 South. Rep. 186, “In mandamus, as well as in other actions at law, there must be a final judgment before writ of error will lie to review the proceedings.” The decided weight of authority seems to be to the effect that an order denying or refusi…