J. L. HOLMBERG AND AGNES W. CAIN, AS EXECUTORS OF R. J. BOLLES, PETITIONERS,
v.
W. M. TOOMER, RESPONDENT
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 denied a petition for a writ of certiorari, holding that such a writ will not be issued to review a circuit court's judgment that reverses a lower court's judgment and remands the case for further proceedings, as this is not a final adjudication.
No, the Supreme Court will not issue a writ of certiorari to review a circuit court's judgment that reverses a lower court's judgment and remands the cause for further proceedings, as such a judgment is not a final adjudication.
“A judgment of the Circuit Court on writ of. error reversing a judgment of a lower court and remanding the cause to the lower court for further proveedings, is not a final adjudication of the cause; and the Supreme Court will not issue a writ of certiorari to such a judgment of the Circuit Court.”
Establishes the core reasoning for denying the writ.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe petitioners, as executors, were defendants in an assumpsit action. The Civil Court of Record rendered a judgment for the defendants. The Circuit C…
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 Final Adjudication cases and more on FLexlaw
[*117] Whitfield, J.
— A petition for a writ of certiorari' alleges in effect that in. an action of assumpsit brought against the petitioners herein, the Civil Court of Record for Duval County rendered a judgment for the defendants .and that on writ of error taken’ to the Circuit Court, the judgment was reversed and .the cause remanded to the Civil Court of Record for further proceedings. A writ of certiorari is not a writ of right in all cases. See Harrison v. Frink, 75 Fla. 22, 77 South. Rep. 663; Benton v. State, 74 Fla. 30, 76 South. Rep. 314; Hunt v. City of Jacksonville, 34 Fla. 504, 16 South. Rep. 398; Ragland v. State, 55 Fla. 157, 46 South. Rep. 724; Edgerton v. Mayor Green Cove Springs, 18. Fla. 528; Dean v. Wilcoxon, 18 Fla. 531; Basnet v. City of Jacksonville, 18 Fla. 523; 6 Cyc. 748; 5 R. C. L. 254.
A judgment of the Circuit Court on writ of. error reversing a judgment of a lower court and remanding the cause to the lower court for further proveedings, is not a final adjudication of the cause; and the Supreme Court will not issue a writ of certiorari to such a judgment of the Circuit Court. See First National Bank v. Gibbs, decided at this term; 4 Standard Ency. Law & Pro. 892, 901
Writ denied.
Browne, C. J., and Taylor, Ellis and West, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
-
Brinson v. Tharin, 99 Fla. 696 (Fla. 1930)…h the power to issue the writ. The writ is one which issues on discretion and not as a writ of right. Jacksonville, T. & K. W. Ry. Co. v. Boy, 34 Fla. 389, 16 So. R. 290; Hunt v. City of Jacksonville, 34 Fla. 504, 16 So. R. 398; Holmberg v. Toomer, 78 Fla. 116, 82 So. R. 620; First National Bank of Gainesville v. Gibbs, supra. The common law writ of certiorari cannot be made to serve the purpose 'of an appellate proceeding in the nature of a writ of error. The writ involves a limited review of the procee…
-
State ex rel. T. v. Buckwalter, 112 Fla. 200 (Fla. 1933)…ith the power to issue the writ. The writ is one which issues on discretion and not as a writ of right. Jacksonville T. & K. W. Ry. Co. v. Boy, 34 Fla. 389, 16 So. R. 290; Hunt v. City of Jacksonville, 34 Fla. 504, 16 So. R. 398; Holmberg v. Toomer, 78 Fla. 116, 82 So. R. 620; First National Bank of Gainesville v. Gibbs, supra. “The common law writ of certiorari cannot be made to serve the purpose of an appellate proceeding in the nature of a writ of error. The writ involves a limited review of the procee…
-
Am. Ry. Express Co. v. Weatherford, 86 Fla. 626 (Fla. 1924)…ters that may be presented by bill of exceptions in line with prior and subsequent decisions of this court. See Haile v. Bullock, 83 Fla. 538, 91 South. Rep. 683; Western Union Tel. Co. v. Wright, 79 Fla. 600, 84 South. Rep. 604; Holmberg v. Toomer, 78 Fla. 116, 82 South. Rep. 620; First Nat. Bank of Gainesville v. Gibbs, [*633] 78 Fla. 118, 82 South. Rep. 618; Harrison v. Frink, 75 Fla. 22, 77 South. Rep. 663; Balbontin v. State, 68 Fla. 84. The Federal Constitution provides that in all cases, under the…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Basnet v. The City of Jacksonville, 18 Fla. 523 (Fla. 1882)
- Meade Hunt v. City of Jacksonville, 34 Fla. 504 (Fla. 1894)
- Harrison v. Carroll H. Frink, 75 Fla. 22 (Fla. 1918)
- Cary T. Benton v. State, 74 Fla. 30 (Fla. 1917)
- Deans v. Wilcoxon, 18 Fla. 531 (Fla. 1882)
- Chas. A. Ragland v. State, 55 Fla. 157 (Fla. 1908)