THOMAS J. MOODY, APPELLANT,
v.
VOLUSIA COUNTY, ET AL. APPELLEES
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 upheld its appellate jurisdiction over a case despite the lower court's attempt to dismiss it from its docket while the appeal was pending. The Court held that once an appeal is properly taken to the appellate court, the trial court loses power to dispose of the cause in a manner that would interfere with the appellate court's constitutional authority.
The trial court is without power to finally dispose of a cause by dismissal or otherwise so as to interfere with the power and authority of the appellate court to make its jurisdiction and orders or decrees effective once an appeal is duly taken.
“where an appeal is duly taken, whether or without a supersedeas, so as to transfer the cause to the appellate court, the trial court is without power to finally dispose of the cause by dismissal or otherwise so as to in form or effect interfere with the power and authority of the appellate court, under the constitution, to make its jurisdiction and orders or decrees effective in the cause to which the organic appellate jurisdiction has attached by due course of appellate procedure.”
States the core holding that trial courts lose power over a case once an appeal is properly taken to the appellate court
On August 19, 1925, Thomas J. Moody filed a bill of complaint in Circuit Court of Volusia County seeking an injunction to restrain defendants from per…
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 Temporary Restraining Order cases and more on FLexlaw
Buford, J.-
On August 19, 1925, appellant filed in Circuit Court of Volusia County, Florida, in chancery, a bill of complaint praying for an injunction to restrain the defendants in error from doing and performing certain acts in connection with the construction of certain roads in said Volusia County described in the bill of complaint. Thereafter and after due notice appellant applied to the Honorable Circuit Judge presiding as chancellor for a temporary restraining order based on the allegations of the bill of complaint. The application was denied by the chancellor on the 19th day of August, 1925. Appellant then amended his bill of complaint and renewed .his application for restraining order based on the allegations of the bill as amended. After hearing on this application, the chancellor again dened the application.
From the two orders of the chancellor denying the application for temporary injunction the appellant took aj)peal to this court.
While the appeal was pending in the Supreme Court of Florida and while this court had jurisdiction of said matter presented on such appeal other proceedings were had in the court below, which proceedings resulted in an order being entered by the clerk of the Circuit Court of Volusia Countjr in said cause on the 2nd day of November, 1925, dismissing said cause from the docket of said court.
Now the appellees present their motion to this court praying an order dismissing the appeal from this court on the ground that the action is no longer pending in the Honorable Circuit Court of Volusia County and alleging that any decree of that court must be of no effect in said cause, because the same has been so dismissed from the Circuit Court of Volusia County.
In an opinion rendered by this court May 30, 1925, it was held “where an appeal is duly taken, whether with or without a supersedeas, so as to transfer the cause to the appellate court, the trial court is without power to finally dispose of the cause by dismissal or otherwise so as to in form or effect interfere with the power and authority of the appellate court, under the constitution, to make its jurisdiction and orders or decrees effective in the cause to which the organic appellate jurisdiction has attached by due course of appellate procedure.” "Willey v. W. J. Hoggson Corp., — Fla. —, 105 South. Rep. 126.
The motion to dismiss is denied.
Brown, C_. J., and Whitfield, Ellis, Terrell and Strum, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
DE LA Portilla v. DE LA Portilla, 304 So. 2d 116 (Fla. 1974)…ADKINS, C. J., and McCAIN and OVERTON, JJ., concur. DEKLE, J., concurs in the judgment only. . Article V, Section 3(b)(3), Florida Constitution; Foley v. Weaver Drugs, Inc., 177 So. 2d 221 at 225 (Fla.1965). . 89 Fla. 446, 105 So. 126 (1925). . 90 Fla. 864, 107 So. 185 (1925). . 295 So. 2d 629 (Fla.1974). . 287 So. 2d 345 (Fla.App.1974). . id. . 295 So. 2d 304 (Fla.1974). . 289 So. 2d 792 (Fla.App.1974).…
-
Waltham A. Condo. Ass'n v. Vill. Mgmt., Inc., 330 So. 2d 227 (Fla. 4th DCA 1976)…ourt the sole and final arbiter of the sufficiency of the bill of complaint and divest this court of its constitutional jurisdiction to review such determination.” (emphasis supplied) (105 So. at 128-9). Shortly thereafter, Moody v. Volusia County, 90 Fla. 864, 107 So. 185 (1925), presenting an entirely analogous situation, was decided on the authority of the Willey case. Six years later, in Thursby v. Stewart, 103 Fla. 990, 138 So. 742 (1931), the rule was first applied with respect to and as a limitati…1 / 2
-
Crichlow v. Md. Cas. Co., 116 Fla. 226 (Fla. 1933)…rfere with the power and authority of the appellate court under the Constitution to make its jurisdiction and orders effective in the cause to which the organic jurisdiction has attached by due course of appellate procedure. Moody v. Volusia County, 90 Fla. 864, 107 South. Rep. 185; Crichlow v. Equitable Life Assurance Society, this day decided. Now the orders of the lower court, the entry of the decree pro confesso, the order of reference and final decree all made after the appeal from the order overruli…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shuron Hester v. State, 312 So. 3d 173 (Fla. 1st DCA 2021)