STATE OF FLORIDA, EX REL. FRANK WILLIAMS, RELATOR,
v.
H. M. PRESCOTT, SHERIFF, WALTON COUNTY, FLORIDA, RESPONDENT
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The Florida Supreme Court quashed a writ of habeas corpus, holding that a prior circuit court judgment on the same issues was res judicata and barred a subsequent habeas corpus petition in the Supreme Court. This case clarifies the finality of circuit court judgments in original habeas corpus proceedings.
Yes, the prior circuit court judgment is res judicata and bars a subsequent habeas corpus petition in the Supreme Court on the same issues.
“Circuit Courts and the Supreme Court of Florida, or any Justice thereof, have concurrent jurisdiction in original habeas corpus proceedings.”
Establishes the concurrent jurisdiction of the courts in habeas corpus cases.
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Join FLexlaw to unlock all legal intelligenceThe petitioner sought a writ of habeas corpus from the Florida Supreme Court. Prior to this, the petitioner had already sought and been denied a writ …
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This case is before the Court on application for writ of habeas corpus, the writ which issued pursuant thereto and the return of the respondent.
*262The record shows that prior to the application for writ of habeas corpus in this Court the petitioner had applied for and procured issuance of a writ of habeas corpus before the Honorable A. G. Campbell, Judge of the First Judicial Circuit of Florida. That upon hearing, after return, the said Judge of the Circuit Court made an order remanding petitioner to the custody of the sheriff.
It further appears from the record that in that case the identical questions and parties were involved which are involved here. There was no writ of error taken to the judgment in that behalf.
Circuit Courts and the Supreme Court of Florida, or any Justice thereof, have concurrent jurisdiction in original habeas corpus proceedings. The judgment of the Circuit Court in such cases becomes absolute, unless reviewed on writ of error by the appellate court and such judgment becomes res adjudicata as to questions of law involved in that case. Therefore, the writ of habeas corpus heretofore issued by a Justice of this Court should be quashed and the petitioner remanded to execute the judgment of the Circuit Court heretofore entered and above referred to. See State ex rel. Davis v. Hardie, 108 Fla. 133, 146 So. 97; Sec. 5444 C. G. L. (3580) R. G. S.
It is so ordered.
Davis, C. J., and Whitfield, Ellis, Terrell, and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Taylor v. Chapman, 127 Fla. 401 (Fla. 1937)…udgment remanding, as well as one discharging, a prisoner conclusive until reversed in the manner provided by the statute. D’Allessandro v. Tippins, 102 Fla. 10, 137 So. 231; State v. Hardie, 108 Fla. 133, 146 So. 97; State v. Prescott, 110 Fla. 37, 148 So. 533; State v. Drumbright, 116 Fla. 586, 156 So. 721. But that question is not properly presented for our consideration here. The information here under attack reads as follows: “Robert R. Taylor, County Solicitor for the County of Dade, prosecuting fo…
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Gatto v. Publix Supermarket, Inc., 387 So. 2d 377 (Fla. 3d DCA 1980)…ment of the criminal prosecution is not so described, there is not a bona fide termination. A “nolle prosequi” is merely an acknowledgment that the particular matter will not be further prosecuted, Hewitt v. International Shoe Company, 110 Fla. 37, 148 So. 533 (1933), or an expression of unwillingness to prosecute, Wilson v. Renfroe, 91 So. 2d 857 (Fla. 1956). The underlying reason for a “nolle prosequi,” even as the underlying reason for a “declination to prosecute” or a “no information,” may or may not…
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Int'l Shoe Co. v. Hewitt, 123 Fla. 587 (Fla. 1936)…Per Curiam. This is the fourth appearance of this case here. For its former appearances see Hewitt v. International Shoe Co., 110 Fla. 37, 148 So. 533; Hewitt v. International Shoe Co., 114 Fla. 743, 154 So. 838; Hewitt v. International Shoe Co., 115 Fla. 508, 155 So. 725. T. W. Hewitt, as administrator of the estate of Frieda Hewitt, deceased, instituted an action for the wrongful death of the l…1 / 2
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
- State v. Hardie, 108 Fla. 133 (Fla. 1933)
- State v. Hardie, 108 Fla. 437 (Fla. 1933)