STATE OF FLORIDA EX REL. RAYMOND E. MOTT, APPELLANT,
v.
O. FRANK SCOFIELD, AS COUNTY JUDGE OF CITRUS COUNTY, FLORIDA, APPELLEE
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In this mandamus case, the Florida District Court of Appeal dismissed an appeal from an order granting a motion to quash an alternative writ of mandamus because the order was interlocutory rather than final, lacking the jurisdictional requirement for appellate review.
The court held it lacks jurisdiction to review the order because an order granting a motion to quash an alternative writ of mandamus, without dismissing the petition, is an interlocutory order rather than a final judgment required for appellate jurisdiction.
“An order granting motion to quash an alternative writ of mandamus is not a final judgment, nor is an order merely denying or refusing an alternative writ of mandamus, without a provision that the petition be dismissed.”
Establishes the core holding that such orders are interlocutory and lack finality required for appellate jurisdiction
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Join FLexlaw to unlock all legal intelligenceMott was tried on a misdemeanor charge before the county judge and jury and was acquitted. He hired an official court reporter and paid for the report…
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The relator, Mott, tried on a misdemeanor charge before the respondent county judge and a jury, was acquitted. The trial was reported by an official court reporter at the request of the relator, who paid the reporter for his services. The relator filed a sworn statement of costs showing payment of the reporter’s charge and requested a certificate of payment of. such cost, pursuant to section 939.06, Florida Statutes, F.S.A. The county judge declined to issue the certificate because in his opinion the fee of the court reporter was not taxable as costs.
Mandamus action seeking coercive issuance by the county judge of the certificate of payment was then instituted by the relator. Petition for alternative writ of mandamus was filed, and the writ sought was issued pursuant to the petition. The respondent county judge thereupon filed a motion to quash the alternative writ of mandamus under several stated grounds which, for purpose of this opinion, we do not deem it necessary to recite. In due time the motion to quash came on to be heard, and the trial judge entered an order granting it. The decretal part of the order reads:
“It is, thereupon, ordered, adjudged, and decreed that the motion of relator to quash the alternative writ of mandamus issued in the above cause be, and the same, is hereby granted.”
The appeal is from this order.
Mandamus is an action at law. Thus this appeal is directed to an order in a common-law proceeding. For an appeal at law to be properly lodged jurisdictionally with an appellate court, it is essential that the appeal ensue from a final judgment or order, unless the question for appeal concerns jurisdiction over the person or venue. Rule 4.2, subd. a, Florida Appellate Rules, 31 F.S.A. Here, neither of these exceptions is involved. We therefore question whether the appealed order is a final judgment so as to vest this court with-, jurisdiction. We must conclude that it is-not. The order merely grants the motion to quash the alternative writ without dismissing the petition. An order granting motion to quash an alternative writ of mandamus is not a final judgment, nor is an order merely denying or refusing an alternative writ of mandamus, without a provision that the petition be dismissed. Huie v. Lewis, Fla.1954, 71 So.2d 498; State ex rel. Collins v. Rogers, 1939, 139 Fla. 557, 190 So. 701; State ex rel. Clifton v. City of Daytona Beach, 1934, 114 Fla. 384, 154 So. 165; State ex rel. Rhodes v. Goodson, 1913, 65 Fla. 475, 62 So. 481; and State ex rel. Lullaby Nursery v. City of Miami, Fla.App.1958, 107 So.2d 385.
For the reason that the order appealed from is interlocutory and not final, we must dismiss the appeal on our own motion.
Dismissed.
ALLEN, C. J., and SHANNON, J., concur.
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Sheley v. Fla. Parole Comm'n, 703 So. 2d 1202 (Fla. 1st DCA 1997)…petition for writ of certiorari. We acknowledge that if mandamus is used to initiate a new civil action in the circuit court, the resulting final order is subject to review by appeal. Mandamus is an action at law, See State ex rel Mott v. Scofield, 120 So. 2d 825 (Fla. 2d DCA 1960), and, as with other actions at law, a final judgment on a complaint for writ of mandamus is reviewable by appeal. See, e.g., Warren v. State ex rel Four Forty, Inc., 76 So. 2d 485 (Fla.1954); City of Miami Beach v. State ex rel Pi…
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Mazer v. Orange Cnty., 811 So. 2d 857 (Fla. 5th DCA 2002)…1202, 1204 (Fla. 1st DCA 1997) (“We acknowledge that if mandamus is used to initiate a new civil action in the circuit court, the resulting final order is subject to review by appeal. Mandamus is an action at law, See State ex rel Mott v. Scofield, 120 So. 2d 825 (Fla. 2d DCA 1960), and, as with other actions at law, a final judgment on a complaint for writ of mandamus is reviewable [*859] by appeal.”) (citations omitted), approved, on other grounds, 720 So. 2d 216 (Fla.1998). The de novo standard of review…
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Rebholz v. Picot B. Floyd, 327 So. 2d 806 (Fla. 2d DCA 1976)…m denial of appellants’ motion for reconsideration, which appellees contend was a nonap-pealable order. However, we have previously held that an order dismissing a petition for a writ of mandamus is a final order. State v. Scofield, Fla.App.2d 1960, 120 So. 2d 825. The timely filed petition for reconsideration, being in effect a petition for rehearing, stays the appeal time. Laytner v. Humble Oil & Refining Co., Fla.1972, 262 So. 2d 675. And although the appellants appealed from an order denying the motion fo…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- W. A. Fisher and Wife v. Villamil, 65 Fla. 488 (Fla. 1913)
- The State of Fla. ex rel. L. S. Rhodes v. Goodson, 65 Fla. 475 (Fla. 1913)
- Huie v. Lewis, 71 So. 2d 498 (Fla. 1954)
- State ex rel. Mrs. S. R. Collins v. Rogers, 139 Fla. 557 (Fla. 1939)
- Dixie Motors, Inc. v. PAN Am. Acceptance Corp., 107 So. 2d 385 (Fla. 3d DCA 1958)
- State v. City of Daytona Beach, 114 Fla. 384 (Fla. 1934)
- Beach v. Boulevard Apts., Inc., 114 Fla. 285 (Fla. 1934)