STATE EX REL. CARY D. LANDIS, ATTORNEY GENERAL,
v.
W. C. GAMBLE
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This quo warranto case was dismissed by the Florida Supreme Court without prejudice because issues of fact required a jury trial, which the Supreme Court generally does not conduct. The case was remanded to the circuit court for trial on the settled pleadings.
The Supreme Court should dismiss the cause without prejudice, allowing it to be reinstituted and tried by a jury in the circuit court, unless the Supreme Court orders otherwise for reasons of general state welfare.
“in cases in quo warranto pending in the Supreme Court, where issues of fact are required to be tried by jury (unless jury is waived by the parties), that the appropriate order to be made by the Supreme Court is to dismiss the cause in' this. Court without prejudice, in order that it may be reinstituted, and duly tried by jury in the circuit court, on the issues involved in the pleadings as settled by the Supreme Court”
Establishes the general rule for handling jury-triable fact issues in quo warranto cases before the Supreme Court.
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Join FLexlaw to unlock all legal intelligenceThis was a quo warranto case where the pleadings had been settled by the Florida Supreme Court, and issue had been joined on the respondent's pleas. T…
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This being a quo warranto case wherein the pleadings have been settled by this Court, and it appearing that issue has been duly joined on the pleas filed by the respondent herein, which issue of fact thereby raised is triable by jury at the common law, and it further appearing that in cases in quo warranto pending in the Supreme Court, where issues of fact are required to be tried by jury (unless *3jury is waived by the parties), that the appropriate order to be made by the Supreme Court is to dismiss the cause in' this. Court without prejudice, in order that it may be reinstituted, and duly tried by jury in the circuit court, on the issues involved in the pleadings as settled by the Supreme Court, except in cases where the Supreme Court, for good and sufficient reasons affecting the general State welfare, shall otherwise order by requiring trial to be by jury in this Court, it is thereupon considered and ordered by this Court that this proceeding be and the same is hereby dismissed without prejudice, at the costs of Relator, with leave to reinstitute and try the same in the circuit court on the pleadings as settled by this Court.
Proceeding dismissed without prejudice.
Davis, C. J., and Whitfield, Ellis, Brown and Buford, J. J., concur.
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State ex rel. Joe W. Whitley v. Hollis Rinehart, Jr., 140 Fla. 645 (Fla. 1939)…der it are illegal and should not be counted. The writ will therefore be dismissed with leave to file copies of the pleadings in the Circuit Court of Dade County, there to determine the issues raised by the pleadings. State ex rel. Landis v. Gamble, 112 Fla. 2, 150 So. 130; State ex rel. Clark v. Klingensmith, 126 Fla. 124, 170 So. 616. If the circuit judge finds from the evidence that the allegations of the petition as to absentee votes cast under Chapter 16986 and as to absentee votes cast by electors w…
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The State v. City of Avon Park, 117 Fla. 565 (Fla. 1934)…es of the respondent or to test the question of forfeiture of its franchise by non-user or misuser; the State of Florida to pay the cost of this proceeding here.” (Italics supplied.) In a short per curiam opinion in State, ex rel. Landis v. Gamble, 112 Fla. 2, 150 So. 130, a quo- warranto case, the [*568] proceeding in this Court was dismissed without prejudice “with leave to reinstitute and try the same in the Circuit Court on the pleadings as settled by this Court.” It was observed in the opinion that…
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State v. Ward Klingensmith, 126 Fla. 124 (Fla. 1936)…d by a jury, the appellate court can dismiss the proceedings without prejudice so that they may be instituted in the Circuit Court and trial there had on the issues settled [*130] in the appellate court. State, ex rel. Landis, Atty. Gen’l v. Gamble, 112 Fla. 2, 150 Sou. Rep. 130. Third, the appellate court may take jurisdiction of the case and if there are issues of fact to be decided, a commissioner of the court may be appointed to take testimony, and refer it back to the appellate court, together with…1 / 2
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