STATE OF FLORIDA EX REL. J. W. STEWART, RELATOR,
v.
CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA, RESPONDENT
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The court held that a party cannot file a bill of review in a lower court without permission after a mandate has been issued by the Supreme Court.
Relator sought a writ of prohibition to prevent a circuit court from proceeding with a bill of review. The bill of review sought to vacate a decree th…
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Upon the suggestion for writ of prohibition filed in this cause for an order directing and commanding the Circuit Court of the Eleventh Judicial Circuit of Florida not to proceed with the consideration of this cause and not to award judgment in favor of plaintiff therein against the relator, the Court finds that, after the rendition of its mandates in the cases of Berger v. Leposky, Fla.1958, 103 So.2d 628 and Stewart v. Berger, Fla.1959, 109 So.2d 765, the said Sam B. Berger, without first having obtained permission of this Court so to do,1 filed a bill in the nature of a bill of review in the Circuit Court of the Eleventh Judicial Circuit of Florida which sought to set *425-aside and vacate the decree of said Circuit Court which was the subject matter of the litigation and was finally adjudicated in the aforementioned cases in this Court. It is thereupon,
Ordered that, pursuant to the provisions of Section 4(2) of Article V of the Florida Constitution, F.S.A., authorizing this Court to issue all writs necessary or proper to the complete exercise of its jurisdiction, the Honorable Pat Cannon, Circuit Judge ¡of the Eleventh Judicial Circuit of Florida be, and he is hereby, ordered to proceed no further in chancery case No. 59 C 4776 and hereafter, on motion, to dismiss said cause with prejudice or else to show cause before this Court on the 11th day of January, 1960 why he should not be required so to do.
It is so ordered.
THOMAS, C. J., and TERRELL, HOB-SON, ROBERTS and DREW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lesperance v. Lesperance, 257 So. 2d 66 (Fla. 3d DCA 1971)…a. 297, 24 So. 160; Baskin v. Klemm, 118 Fla. 657, 160 So. 509; Cone v. Cone, Fla.1953, 68 So. 2d 886; Berger v. Leposky, Fla.1958, 103 So. 2d 628; State ex rel. Stewart v. Circuit Court of the 11th Judicial Circuit in and for Dade County, Fla.1959, 116 So. 2d 424; Deauville Realty Co. v. Tobin, Fla.App.1960, 120 So. 2d 198; State ex rel. Central and Southern Florida Flood Control Dist. v. Anderson, Fla.App.1963, 157 So. 2d 140; Rinker Materials Corporation v. Holloway Materials Corporation, Fla.App.1965, 175…
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The State of Fla. ex rel. Earl William Paluska, Jr. v. The Honorable Jos. S. White, 162 So. 2d 697 (Fla. 2d DCA 1964)…State ex rel. Burr v. Whitney, 1913, 66 Fla. 24, 63 So. 299 and State ex rel. Reynolds v. White, 1898, 40 Fla. 297, 24 So. 160. See also, King v. L & L Investors, Inc., Fla.App.1962, 136 So. 2d 671; State ex rel. Stewart v. Circuit Court, Fla.1959, 116 So. 2d 424; State ex rel. Mortgage Investment Foundation v. Knott, Fla.1957, 97 So. [*700] 2d 265, and State ex rel. Gibbs v. Circuit Court, 1939, 140 Fla. 378, 191 So. 699. See also section XI, entitled, Prohibition to protect proceedings in or judgment of ap…
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King v. L & L Invs., Inc., 136 So. 2d 671 (Fla. 3d DCA 1962)…ithout prior permission of the appellate court after the filing of the mandate. Petition of Vermeulen, supra, Fla.App.1960, 122 So. 2d 318; State ex rel. Tobin v. Holt, Fla.App.1960, 117 So. 2d 428; State ex rel. Stewart v. Circuit Court, Fla. 1960, 116 So. 2d 424; State ex rel. Mortgage Investment Foundation, Inc., v. Knott, supra, Fla.1957, 97 So. 2d 265; Cone v. Cone, Fla.1953, 68 So. 2d 886; Bloxham v. Florida Cent. & P. R. Co., 39 Fla. 243, 22 So. 697. The stay of proceedings on our mandate by the trial…
Authorities Cited
- Berger v. Leposky, 103 So. 2d 628 (Fla. 1958)
- State of Fla. on Relation of Mortg. Inv. Found., Inc. v. Knott, 97 So. 2d 265 (Fla. 1957)
- Stewart v. Berger, 109 So. 2d 765 (Fla. 1959)