SEYMOUR HALLIDAY, APPELLANT
v.
THE JACKSONVILLE AND ALLIGATOR PLANK ROAD COMPANY, 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 held that it would not entertain a writ of certiorari from a Justice's Court when a statutory appeal to the Circuit Court was available. The Court emphasized its appellate jurisdiction is limited and subject to legislative regulation.
No, the Florida Supreme Court does not have jurisdiction in this case because statutory remedies by appeal to the Circuit Court are available. The Supreme Court's appellate jurisdiction is limited and subject to legislative regulation.
“the Supreme Court shall have appellate jurisdiction only, which shall be coextensive with the State, under such restrictions and regulations, not repugnant to this Constitution, as may from time to time be prescribed by law”
This quote establishes the constitutional basis for the Supreme Court's appellate jurisdiction and its susceptibility to legislative restrictions.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSeymour Halliday sought a writ of certiorari from the Florida Supreme Court to review alleged errors made by a Justice of the Peace. The case originat…
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.
Explore caselaw by topic → Browse Certiorari cases and more on FLexlaw
DuPONT, J.
This cause is brought up from a Justice’s Court, by writ of certiorari; and the question presented for our consideration is, whether this Court will entertain jurisdiction of the same. The second section of the fifth article of the Constitution provides that “the Supreme Court, except in cases otherwise directed ip this Constitution, shall have appellate j urisdiction only, which shall be coextensive with the State, under such restrictions and regulations, not repugnant to this Constitution, as may from time to time be prescribed by law; provided that the said Court shall always have power to issue writs of injunction, mandamus, quo warranto, habeas corpus, and such other remedial and original writs, as may be necessary to give it a general superintendence, and control of all other Courts.”
It is not doubted, but that under the latitude given by the said proviso, a writ of certiorari will lié from this Court to any of the inferior jurisdictions, whenever an appropriate case may be presented, or it shall become necessary for the attainment of justice. This, however, is not such a case; the object of the plaintiff in certiorari, in removing his case to this Court, is to have certain errors, which are alleged to have been committed by the Justice of the Peace who decided the case, corrected here. It is a sufficient answer to his application to say, that the' statutes have provided an ample remedy for him, by ganting to him an appeal to, or writ of certiorari from the Circuit Court.—. Vide Thomp. Dig., 364.
Let the certiorari be dismissed with costs.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
-
Haines City Cmty. Dev. v. Leila Heggs, 658 So. 2d 523 (Fla. 1995)…he lower court has exceeded its jurisdiction or not proceeded according to law. 3 Fla.Jur.2d Appellate Review § 456 (1978).1 This Court2 first recognized its common-law certiorari jurisdiction in Halliday v. Jacksonville & Alligator Plank Road Co., 6 Fla. 304 (1855), and defined its use in rather broad and general terms: [A] writ of certiorari will he from this court to any of the inferior jurisdictions, whenever an appropriate case may be presented, or it shall become necessary for the attainment of ju…
-
Custer Med. Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086 (Fla. 2010)…v. Kaklamanos, 843 So. 2d 885 (Fla.2003); Ivey v. Allstate Ins. Co., 774 So. 2d 679 (Fla.2000); Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523 (Fla.1995); Combs v. State, 436 So. 2d 93 (Fla.1983); Halliday v. Jacksonville & Alligator Plank Rd. Co., 6 Fla. 304 (1855). We have consistently observed that “[a]s a case travels up the judicial ladder, review should consistently become narrower, not broader.” Haines, 658 So. 2d at 530. Therefore, when a district court considers a petition for second-tier certio…
-
First Nat'l Bank of Gainesville v. Gibbs, 78 Fla. 118 (Fla. 1919)…rton v. Mayor of Green Cove Springs, 18 Fla. 528; Hunt v. City of Jacksonville, supra; Benton v. State, supra; Harrison v. Frink, 75 Fla. 22, 77 South. Rep. 663. See also Ragland v. State. 55 Fla. 157, 46 South. Rep. 724; Halliday v. Plank Road Co., 6 Fla. 304. A judgment on writ of error reversing a judgment .ana remanding the cause for further proceedings in the lower court is not -a final judment; though an adjudication'by an appellate court reversing a judgment of a lower court and rendering a proper…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence