PEARL ADAMS, MAYME ADAMS, CARRIE LEE JONES, AND GLADYS JONES, PLAINTIFFS IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court dismissed a writ of error because it was made returnable in violation of statutory requirements, rendering it void and depriving the court of jurisdiction. This case highlights the strict adherence required for appellate court jurisdiction.
No, a writ of error made returnable contrary to law is void and does not give the appellate court jurisdiction of the cause.
“A writ of error made returnable contrary to law is void, and does not give to this Court jurisdiction of the cause.”
Establishes the consequence of a statutorily non-compliant writ of error.
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Join FLexlaw to unlock all legal intelligenceThe plaintiffs in error obtained a writ of error dated June 13, 1927, which was made returnable on June 29, 1927. This return date was only sixteen da…
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Brown, J.
The writ of error in this case was issued and dated June 13, 1927, and made returnable June 29, 1927. Writs of error in criminal cases must be issued and made returnable as the like writs in civil cases. Sec. 6149, Revised General Statutes. All writs of error are required by the statute to be made returnable to a day, either in term time or vacation, more than thirty days, and not more than ninety days, from the date of the writ. Sec. 2908, Revised General Statutes. A writ of error made returnable contrary to law is void, and does not give to this Court jurisdiction of the cause. The fact that the Attorney General has not moved to dismiss the writ of error does not make the writ as issued effective. An express or im plied appearance is of no avail in such case, and the writ will be dismissed by the appellate court of its own motion. Savannah, Florida & W. Ry. Co. v. Justice, 41 Fla. 508, 26 So. 704; Rye v. Banks, 66 Fla. 434, 63 So. 825; Anderson v. The State, 73 Fla. 86, 74 So. 6; Law v. Zimmerman, 87 Fla. 421, 100 So. 528; Griffith v. Henderson, 52 Fla. 507, 42 So. 705; McJunkin v. Stevens, 88 Fla. 559, 102 So. 756; Mutual Life Ins. Co. v. Hartley, 109 So. 421. As the writ of error in this case was made returnable sixteen days after it was issued and dated, it confers no jurisdiction of the subject matter upon this Court and must be dismissed.
Writ of Error dismissed.
Ellis, C. J., and Strum, J., concur. Whitfield, P. J., and Terrell and Buford, J. J., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Provident Sav. Bank & Tr. Co. v. Devito, 98 Fla. 1076 (Fla. 1929)…give the Court jurisdiction of the subject-matter of the appeal, and such an appeal so taken should be dismissed by the Court sua sponte. Griffith v. Henderson, 52 Fla. 507, 42 So. R. 705; Anderson v. State, 73 Fla. 86, 74 So. R. 6"; Adams v. State, 94 Fla. 1156, 115 So. R. 530; Law v. Zimmerman, 87 Fla. 421, 100 So. R. 528; Mut. Life Ins. Co. v. Hartley, 92 Fla. 237, 109 So. R. 421. The provisions of Chapter 11890, Acts 1927, Sections 4635-6, Comp. Gen. Laws 1927, legally cannot and properly interpreted d…
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Brooks v. Miami Bank & Tr. Co., 115 Fla. 141 (Fla. 1934)…. 235. An appearance by the parties does not give the appellate court jurisdiction of a cause when the entry of appeal is made returnable to a day that is not authorized by the statute. Griffith v. Henderson, 52 Fla. 507, 42 So. 705; Adams v. State, 94 Fla. 1156, 115 So. 530; Stovall v. Stovall, 77 Fla. 116, 80 So. 744. An entry of appeal that is defective only as to parties may be cured by appearances in the cause. McJunkins v. Stevens, 88 Fla. 559, 102 So. 756; Henry Vogt Mac. Co. v. Milton Land & Inv. C…
Authorities Cited
- McJunkins v. Stevens, 88 Fla. 559 (Fla. 1925)
- Griffith v. Henderson, 52 Fla. 507 (Fla. 1906)
- Anderson v. State, 73 Fla. 86 (Fla. 1917)
- Savannah v. Justice, 41 Fla. 508 (Fla. 1899)
- Rye v. Haddie V. Banks, 66 Fla. 434 (Fla. 1913)
- W. L. Law v. Zimmerman, 87 Fla. 421 (Fla. 1924)