STATE OF FLORIDA EX REL. ROY CALDWELL, PETITIONER,
v.
KATHERINE L. BAKER, AS SUPERVISOR OF REGISTRATION FOR LAKE COUNTY, FLORIDA, RESPONDENT
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 a writ of certiorari, finding it lacked jurisdiction to review a decision by the District Court of Appeal. The court advanced the case due to an upcoming election but ultimately determined it could not consider the merits of the controversy.
No, the Florida Supreme Court does not have a jurisdictional basis to review the decision of the District Court of Appeal.
“In view of the fact that a special primary election is scheduled for September 13,1960, pursuant to the decision submitted for review, we have advanced the matter for argument on the question of our jurisdiction as well as on the merits of the controversy.”
This quote highlights the court's awareness of the urgency and the dual focus of the argument: jurisdiction and merits.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePetitioner sought a writ of certiorari from the Florida Supreme Court to review a decision of the District Court of Appeal. The case involved a specia…
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.
Explore caselaw by topic → Browse Writ Of Certiorari cases and more on FLexlaw
By petition for a writ of certiorari the petitioner asks us to review a decision of the District Court of Appeal, Second District, 122 So.2d 816.
In view of the fact that a special primary election is scheduled for September 13,1960, pursuant to the decision submitted for review, we have advanced the matter for argument on the question of our jurisdiction as well as on the merits of the controversy. Respondent has filed a motion to dismiss the petition.
Having heard oral argument and having considered the briefs of the parties, we are now convinced that there is no jurisdictional basis upon which this Court can proceed to consider the cause on the merits. Therefore, finding as we do that this Court is without jurisdiction to review the decision of the Court of Appeal, the prayer of the petition for certiorari is denied and the petition is dismissed.
It is so ordered.
THOMAS, C. J., and TERRELL, HOB-SON, ROBERTS, DREW, THORNAL and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sydney Polly v. Navarro, 457 So. 2d 1140 (Fla. 4th DCA 1984)…ida, is that “barring fraud, unfairness, disenfranchisement of voters, [*1144] etc., it is too late to attack the validity of an election after the people have voted.” Baker v. State ex rel. Caldwell, 122 So. 2d 816, 826 (Fla. 2d DCA), cert. denied, 122 So. 2d 777 (Fla.1960). In McPherson v. Flynn, 397 So. 2d 665 (Fla.1981), a case where a defeated candidate for the state legislature attempted to have the winning candidate removed because the winning candidate filed a false candidate oath, the court stated:…
-
Mardi Anne Levey v. Dijols, 990 So. 2d 688 (Fla. 4th DCA 2008)…in Florida, is that “barring fraud, unfairness, disenfranchisement of voters, etc., it is too late to attack the validity of an election after the people have voted.” Baker v. State ex rel. Caldwell, 122 So. 2d 816, 826 (Fla. 2d DCA), cert. denied, 122 So. 2d 777 (Fla.1960). See Polly v. Navarro, 457 So. 2d 1140, 1143-44 (Fla. 4th DCA 1984). Conclusion The trial court erred in its application of Florida’s statutory and case law to the [*695] facts of this case. Levey was eligible to run for office, pursuan…
Authorities Cited
- Baker v. State of Fla. ex rel. Roy Caldwell, 122 So. 2d 816 (Fla. 2d DCA 1960)