STATE EX REL. JOHNSON
v.
ANDERSON
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The appellate court affirmed the circuit court's order quashing the writ of prohibition, but on different grounds.
[1] A writ of prohibition is not available to challenge proceedings in a court that possesses jurisdiction over the subject matter, where the party has an adequate remedy by…
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Join FLexlaw to unlock all legal intelligence“The action of prohibition would not lie in this instance because the County Court of Broward County had jurisdiction to try the case.”
Court's explanation for why prohibition was improper remedy
Appellants were convicted of violating game laws in Dade County and subsequently prosecuted for a similar offense in Broward County. They sought to pr…
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Action in prohibition by the State, on the relation of Olive Johnson, and others, against the Honorable Boyd H. Anderson, as Judge of the County Court of Broward County. From an order quashing writ of prohibition, the relators appeal.
Affirmed. Appellants were convicted of violating the game laws in Dade County, Florida. Subsequently they were prosecuted in the adjoining County of Broward by information filed in the County Court. In the latter prosecution the conviction in Dade County was offered as a reason to quash the information. The County Court disallowed the plea and appellants instituted this action in the Circuit Court to prohibit the County Court.
Upon final hearing the Circuit Judge stated the question, "Is the defendant placed in second jeopardy for the identical act or crime for which he was convicted in the Court of Crimes in Dade County?" The conclusion was reached then that the latter prosecution would lie under a different statute from the former and quashed the writ of prohibition.
The order quashing the writ was correct. Our reason to sustain the judgment is different, however, to that stated by the trial court and therefore we feel obliged to state our reasons, else a simple affirmance would mislead the Bench and Bar. The action of prohibition would not lie in this instance because the County Court of Broward County had jurisdiction to try the case. In this fashion the appellants seek the judgment of this Court on a question which the County Court could try and have orderly review on appeal as provided by law if ultimately dissatisfied with the judgment.
Therefore, the judgment is affirmed.
THOMAS, C.J., and BARNS and HOBSON, JJ., concur. *Page 911
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Honorable David U. Strawn v. State of Fla. ex rel. Jon Anderberg, 332 So. 2d 601 (Fla. 1976)…ourt of Appeal, Fourth District, reported at 307 So. 2d 213, which purportedly conflicts with Adkins v. Smith, 205 So. 2d 530 (Fla.1968); State ex rel. Cacciatore v. Drumright, 116 Fla. 496, 156 So. 721 (1934), and State ex rel. Johnson v. Anderson, 37 So. 2d 910 (Fla.1948). We have jurisdiction pursuant to Article V, Section 3(b)(3), Constitution of Florida. Respondent, Anderberg, was charged by information with the crime of breaking and entering a dwelling with intent to' commit a misdemeanor, to-wit: pet…
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State Ex Rel. Losey v. Willard, 54 So.2d 183 (Fla. 1951)…the parties and the subject matter. State ex rel. Jennings v. Frederick, 137 Fla. 773, 189 So. 1; Adams v. Lewis, 146 Fla. 177, 200 So. 852; White v. State ex rel. Johnson, 160 Fla. 965, 37 So. 2d 580; State ex rel. Johnson v. Anderson, Fla., 1948, 37 So. 2d 910; Harrison v. Murphy, 132 Fla. 579, 181 So. 386; Peacock v. Miller, 123 Fla. 97, 166 So. 212; State ex rel. Schwarz v. Heffernan, 142 Fla. 137, 194 So. 313; Lorenzo v. Murphy, 159 Fla. 639, 32 So. 2d 421; Crill v. State Road Dept., 96 Fla. 110, 117 S…
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State ex rel. Marcus v. Pearson, 68 So. 2d 400 (Fla. 1953)…, but it does not constitute [*403] a good plea in bar or predicate for the issuance of a writ of prohibition. Cortes v. State, 135 Fla. 589, 185 So. 323; Ingram v. Prescott, 111 Fla. 320, 149 So. 369. Compare State ex rel. Johnson v. Anderson Fla., 37 So. 2d 910. The allegation in respect to the alleged action of a constable in seizing relator’s private books and records is wholly immaterial in this proceeding, because there 'is no showing that these private papers contained inculpatory matter, or that if…
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