THE STATE OF FLORIDA, EX REL. A. L. HALL, RELATOR,
v.
AMOS LEWIS, AS JUDGE OF THE CIRCUIT COURT OF CALHOUN COUNTY, FOURTEENTH JUDICIAL CIRCUIT OF FLORIDA, RESPONDENT
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The Florida Supreme Court quashed a writ of mandamus, holding that a trial court lost jurisdiction to grant a new trial after a writ of error had been issued and filed. This case clarifies the point at which a trial court's authority is suspended during an appeal.
No, the trial court lost its authority to grant a new trial once the writ of error was issued and filed, as this action transferred jurisdiction to the appellate court.
“Upon due issuance and filing of the Writ of Error to the judgment of conviction that had been duly rendered and entered, the cause was thereby in law transferred to the Appellate Court and the authority of the trial Court to grant a new trial was suspended.”
Establishes the legal principle that a writ of error transfers jurisdiction to the appellate court and suspends the trial court's authority.
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Join FLexlaw to unlock all legal intelligenceA judgment of conviction was entered, and a writ of error was subsequently issued and filed. Thereafter, the trial judge granted a new trial. Upon the…
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Per Curiam.
An alternative Writ of Mandamus issued from this Court required the Circuit Judge to entertain jurisdiction of a homicide case or to show cause for not doing so. The respondent moves to quash.the alternative writ. It appears that judgment of conviction was duly rendered and entered in the cause on May 1, 1923, and that on May 1, 1923, a Writ of Error to such judgment was duly issued and filed in the trial Court. Subsequently, on May 10, 1923, the Circuit Judge granted a new trial. The Circuit Judge died and his successor regarding the order granting a new trial after a Writ of Error had been duly issued and filed as unauthorized, declined to try the case again. Upon due issuance and filing of the Writ of Error to the judgment of conviction that had been duly rendered and entered, the cause was thereby in law transferred to the Appellate Court and the authority of the trial Court to grant a new trial was suspended. This being so, the order made by the trial Court granting a new trial in the cause after a Writ of Error to the judgment of conviction had been duly issued and filed, was ineffectual.
The alternative Writ of Mandamus is quashed.
Taylor, C. J., and Whitfield, West and Terrell, J. J., concur.
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Willey v. W. J. Hoggson Corp., 89 Fla. 446 (Fla. 1925)…e subject covered by the appeal. Holland v. State, 15 Fla. 549; State ex rel. Shrader v. Phillips, 32 Fla. 403, 13 South. Rep. 920; 3 C. J. 1252, 1255; McMichael v. Eckman, 26 Fla. 43, 7 South. Rep. 365. See State ex rel. Hall v. Lewis, 88 Fla. 146, 101 So. Rep. 199. The nature of a cause and of the order or decree appealed from might be such that, subject to the appeal, the trial court may properly take further judicial proceedings in the cause (Waring v. Bass, 76 Fla. 583, 80 South. Rep. 514), or the order o…
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Giacalone v. Helen Ellis Mem'l Hosp. Found., Inc., 8 So. 3d 1232 (Fla. 2d DCA 2009)…d. See F.L. Stitt & Co. v. Powell, 94 Fla. 550, 556, 114 So. 375, 378 (1927) (holding that, where a contract for legal services fails to expressly provide for the amount of the fee, a “reasonable” fee is implied); McGill v. Cockrell, 88 Fla. 54, 58, 101 So. 199, 201 (1924) (where a contract fixes no definite sum to be paid for services, “a reasonable sum is presumed by law to have been contemplated by the parties”); cf. 19A Fla. Stat. Ann. 218 (1993) (§ 672.305(2): “A price to be fixed by the seller or by…
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F. L. Stitt & Co. v. Powell, 94 Fla. 550 (Fla. 1927)…to the property, and subsequently in selling the property for a very substantial profit. Under these circumstances, the law implied a contract upon the defendant’s part to pay the plaintiff a reasonable attorney fee. McGill v. Cockrell, 88 Fla. 54,101 South. Rep. 199; 6 C. J., p. 748, par. 331. It was necessary, therefore, that the jury should determine the amount the plaintiff was entitled to recover as a reasonable attorney fee. In determining what is a reasonable fee to be paid an attorney as compensation fo…
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