B. KILGORE
v.
LARRY DIMMITT, INC.
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 dismissed a petition for certiorari as premature, holding that an appeal from a circuit court's reversal of a county court's judgment was not yet ripe for review.
Yes, the petition for certiorari was premature. The case had not reached a final disposition in the lower courts, making review by the supreme court inappropriate at this stage.
“Under such circumstances the petition for certiorari from this Court is premature and should be dismissed on the authority of First National Bank v. Gibbs, 78 Fla. 118, 82 Sou. Rep. 618; Holmberg v. Toomer, 78 Fla. 116, 82 Sou. Rep. 620; Hartford Accident & Indemnity Co. v. City of Thomasville, 100 Fla. 748, 130 Sou. Rep. 7; Rifas v. Gross, 106 Fla. 708, 143 Sou. Rep. 600.”
This quote establishes the basis for dismissing the petition as premature, citing precedent.
The petitioner, B. Kilgore, was sued and successfully demurred to the plaintiff's declaration in county court, resulting in a final judgment for Kilgo…
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.
— Petitioner, B. Kilgore, was sued in the 'County Court of Pinellas County in an action at law. Demurrer to the plaintiff’s declaration was interposed by him, sustained by the county judge, and final judgment consequent entered for Kilgore on his demurrer. Thereafter on appeal from the county court to the circuit court, the judgment of the county court was reversed and the cause remanded to the county court with directions to overrule the defendant’s demurrer to the plaintiff’s declaration and proceed according to law.
Under such circumstances the petition for certiorari from this Court is premature and should be dismissed on the authority of First National Bank v. Gibbs, 78 Fla. 118, 82 Sou. Rep. 618; Holmberg v. Toomer, 78 Fla. 116, 82 Sou. Rep. 620; Hartford Accident & Indemnity Co. v. City of Thomasville, 100 Fla. 748, 130 Sou. Rep. 7; Rifas v. Gross, 106 Fla. 708, 143 Sou. Rep. 600.
Petition for certiorari dismissed.
Davis, C. J., and Whitfield, Ellis, Terrell, Brown and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- First Nat'l Bank of Gainesville v. Gibbs, 78 Fla. 118 (Fla. 1919)
- Hartford Accident & Indem. Co. v. City of Thomasville, 100 Fla. 748 (Fla. 1930)
- Holmberg v. Toomer, 78 Fla. 116 (Fla. 1919)
- Rifas v. Gross, 106 Fla. 708 (Fla. 1932)