ELI C. WALKER, APPELLANT,
v.
ROBERT H. YOUNG AND CLAUDE LIERELL, AND ALL PERSONS CLAIMING AN INTEREST IN THE LANDS DESCRIBED IN THE BILL OF COMPLAINT AS THE HEIRS, DEVISEES, GRANTEES OR OTHER CLAIMANTS UNDER THE ABOVE NAMED DEFENDANTS OR EITHER OF THEM OR OTHERWISE, 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 affirmed a lower court's decision to deny a motion to vacate a prior order. The court held that the lower court lacked the authority to undo an order that had already been affirmed by the Supreme Court.
No, the Circuit Judge did not have the power to vacate an order that had been affirmed by the Florida Supreme Court without leave from that court.
“The Circuit Judge had no power without leave of this Court to vacate and set aside as void an order that had been affirmed by this Court.”
Establishes the core legal principle regarding the limits of a lower court's authority over its own orders once affirmed by a higher court.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA final decree was rendered in a suit to quiet title, and a rehearing was granted. This order granting a rehearing was affirmed by the Florida Supreme…
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 Motion To Vacate Order cases and more on FLexlaw
Per Curiam.
A final decree for complainant in a suit to quiet title was rendered April 28th, 1923. A rehearing was granted November 9, 1923, and such order was affirmed by this Court October 25, 1924. Walker v. Young, 88 Fla. 298, 102 South Rep. 14.
On April 6, 1925, the complainant filed a motion to vacate, set aside and declare null and void, the order of November 9, 1923, that had been affirmed by this Court.
On April 17, 1925, the Circuit Judge overruled the motion to vacate the order granting a rehearing. Complainant appealed from the order denying the motion to vacate the order granting a rehearing.
The Circuit Judge had no power without leave of this Court to vacate and set aside as void an order that had been affirmed by this Court. See 4 C. J. 1223; Lamb v. State, Fla. 107, South. Rep. 535; State ex rel. Reynolds v. White, 40 Fla. 297, 24 South. Rep. 160.
The order appealed from is affirmed.
Whitfield, P. J., and Terrell and Buford, J. J, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State of Fla. ex rel. Samuel H. Tobin & Joseph Norwood v. Holt, 117 So. 2d 428 (Fla. 3d DCA 1960)…ncident to ordering a new trial, unless first an application shall have been made to the appellate court and granted, giving permission to so proceed in the trial court. Bloxham v. Florida Cent. & P. R. Co., 39 Fla. 243, 22 So. 697; Walker v. Young, 93 Fla. 29, 111 So. 516; Baskin v. Klemm, 118 Fla. 657, 160 So. 509; Vining v. American Bakeries Co., 121 Fla. 122, 163 So. 519; State ex rel. Gibbs v. Circuit Court of Eleventh Judicial Circuit, 140 Fla. 378, 191 So. 699; State ex rel. Budd v. Williams, 152 F…
-
Jefferson Nat'l Bank AT Sunny Isles v. Metro. Dade Cnty., 285 So. 2d 445 (Fla. 3d DCA 1973)…2, 271 So. 2d 207. The cited opinion shows that no issue of vagueness of the judgment was raised by the appellants. Upon the issuance of the mandate of this court, the judgment of the circuit court became the judgment of this court. Walker v. Young, 93 Fla. 29, 111 So. 516 (1927). The circuit court entered an order on mandate which [*446] provided the appellants with a period of approximately thirty days in which to make arrangements and begin their work. The appellants did not comply with the order on m…
-
State v. Robles, 106 Fla. 940 (Fla. 1932)…hat a Circuit Judge has no power without leave of the Appellate Court to vacate and set aside as void an order that has been affirmed by the Appellate Court. See State vs. White and P. C. & P. Ry., 40 Fla. 297, 24 Sou. 160; Walker vs. Young, et al., 93 Fla. 29, 111 Sou. 516; State ex rel. Dowling et al. vs. Parks, 99 Fla. 1264, 128 Sou. 837. It, therefore, follows that a Circuit Judge is without authority to make an Order requiring the amendment of an alternative writ of mandamus after a judgment awarding…
Authorities Cited
- State of Fla. ex rel. William H. Reynolds as Comptroller of the State of Fla. v. White, 40 Fla. 297 (Fla. 1898)
- Eli C. Walker v. Young, 88 Fla. 298 (Fla. 1924)