THE STATE OF FLORIDA EX REL. L. S. RHODES, PLAINTIFF IN ERROR,
v.
NOAH GOODSON ET AL., COUNTY COMMISSIONERS OF LIBERTY COUNTY, FLORIDA, DEFENDANTS IN ERROR
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The Florida Supreme Court dismissed a writ of error challenging the trial court's denial of a petition for an alternative writ of mandamus, holding that an order merely refusing the alternative writ without dismissing the case on the merits is not a final judgment reviewable by writ of error.
An order merely refusing an alternative writ of mandamus is not a final judgment supporting a writ of error. A final judgment in mandamus requires that the court not only refuse the alternative writ but also proceed to pronounce judgment on the merits and dismiss the case.
“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.”
Establishes the foundational requirement that a final judgment is necessary to support a writ of error in mandamus cases.
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Join FLexlaw to unlock all legal intelligenceL. S. Rhodes filed a petition for an alternative writ of mandamus against Noah Goodson and other Liberty County commissioners, seeking to compel them …
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Shackleford, C. J.
A petition was filed by the plaintiff in error for an alternative writ of mandamus against tlie defendants in error to compel them to assemble as the Board of County Commissioners, “within such time as the court may deem proper, at their office at Bristol, Liberty County, t Florida, and grant unto your petitioner a. permit to sell liquors, wines and beer in election district Eo. 4, of Liberty County, Florida,” in compliance with a petition previously filed, or to show cause why they have failed and refused to grant such permit. Upon the presentation of such petition, the court made the following order:
“Upon reading and considering the foregoing petition for an alternative writ of mandamus, it is ordered that the prayer of said petition be and the same is hereby refused and denied. ,
Done and ordered, in vacation, this 12th day of February, A. D. 1913.”
The plaintiff in error seeks to have this order reviewed by writ of error. Right at the outset we 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 refusing an alternative writ of mandamus is not a final judgment. See 26 Cyc. 503, and 1 Black on Judgments (2nd Ed.), Sec. 32, and cases cited in the notes. Where the alternative writ is not only refused, but the court proceeds to pronounce judgment on the merits and dismisses the case this constitutes a final judgment which may be reviewed by writ of error. See 2 Spelling on Injunctions, etc. (2nd Ed.), Sec. 1711, and State ex rel. Morgan v. Hard, 25 Min. 160. In State ex rel. Wailes v. Croom, 62 Fla. 281, 57 South. Rep. 120, the ruling of the trial court was as follows:
“This cause was heard upon the petition of the plaintiff for an alternative writ of mandamus and upon consideration it was ordered that said writ be and the same is hereby refused, and that said petition be dismissed.”
We treated this as a final judgment, but the difference between the ruling in that case and the order in the instant case is obvious. It follows that the writ of error must be dismissed.
Taylor, Cockrell, Hooker and Whitfield, J. J., concur.
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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)…ered 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 State ex rel. Burr v. Seaboard Air Line R. Co., 92 Fla. 61,…
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State of Fla. ex rel. Raymond E. Mott v. Scofield, 120 So. 2d 825 (Fla. 2d DCA 1960)…petition be dismissed. Huie v. Lewis, Fla.1954, 71 So. 2d 498; State ex rel. Collins v. Rogers, 1939, 139 Fla. 557, 190 So. 701; State ex rel. Clifton v. City of Daytona Beach, 1934, 114 Fla. 384, 154 So. 165; State ex rel. Rhodes v. Goodson, 1913, 65 Fla. 475, 62 So. 481; and State ex rel. Lullaby Nursery v. City of Miami, Fla.App.1958, 107 So. 2d 385. For the reason that the order appealed from is interlocutory and not final, we must dismiss the appeal on our own motion. Dismissed. ALLEN, C. J., and…
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Huie v. Lewis, 71 So. 2d 498 (Fla. 1954)…that said petition be dismissed.” That order was held to be a final judgment. It was identical to the order in the present case except for the additional words “and that said petition be dismissed”. In the case of State ex rel. Rhodes v. Goodson, 65 Fla. 475, 62 So. 481, 482, the order was, for all practical purposes, the same as the order in the case at Bar. In that case the Court said: “ ‘ * * *• it is ordered that the prayer of said petition be and the same is hereby refused and denied. ’ ” The ord…
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- Carter v. Walter F. Warnock as Clerk of the Cir. Court of Citrus Cnty., 57 Fla. 49 (Fla. 1909)