MELVIN COOK, APPELLANT,
v.
W. R. CULBREATH, JUDGE OF THE JUVENILE AND DOMESTIC RELATIONS COURT AND THOMAS J. KELLY, DIRECTOR OF PUBLIC SAFETY, APPELLEES
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The appellate court affirmed a lower court's decision to quash a writ of habeas corpus. The appellant sought to challenge his detention for contempt of court, but the court found that his arguments concerned prior proceedings, not the legality of his current detention, and thus habeas corpus was not the proper remedy.
No, a writ of habeas corpus is not the proper remedy for alleged errors in prior proceedings that do not affect the legality of the current detention.
“The points argtied here by the appellant do not question the legality of said order but attempt to reach alleged errors of substantive law and of procedure, in proceedings before the Judge of the Juvenile and Domestic Relations Court prior to the contempt proceedings.”
This quote explains that the appellant's arguments on appeal did not challenge the contempt order itself but rather prior proceedings.
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Join FLexlaw to unlock all legal intelligenceAppellant was detained under a judgment and sentence for contempt of court by the Juvenile and Domestic Relations Court. He filed a petition for a wri…
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Appellant brought his petition for habeas corpus in the circuit court to test the legality of his detention under a judgment and sentence for contempt of court by a judge of the Juvenile and Domestic Relations Court of Dade County. The record reveals that petitioner was in custody under authority of an order of the last mentioned court entered January 6, 1960, which was a sentence for a contempt. This appeal is from an order of the Circuit Court quashing the writ and remanding the petitioner to the custody of the sheriff.
*25The points argtied here by the appellant do not question the legality of said order but attempt to reach alleged errors of substantive law and of procedure, in proceedings before the Judge of the Juvenile and Domestic Relations Court prior to the contempt proceedings. The remedy for these alleged errors, which do not affect the legality of appellant’s custody, was by appeal. See Clark v. State ex rel. Rubin, Fla.App.1960, 122 So.2d 807; State v. J. K., Fla.App. 1958, 104 So.2d 113.
Affirmed.
HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State of Fla. ex rel. Gerald Dennis Register v. Safer, 368 So. 2d 620 (Fla. 1st DCA 1979)…e, the one that will sustain its validity should be given and not the one that will destroy the purpose of the statute. (City of St. Petersburg vs. Siebold, et al, 48 So. 2d 291, Florida, 1950) (State ex rel Florida Industrial Commission vs. Willis, 124 So. 2d 24 [48], DCA 1, 1960) 3. In ascertaining the legislative intent, the Court will consider the history of the Act, the evil to be corrected, the purpose of the enactment, and the law then existing bearing on the same subject. (State Board of Accountancy…
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Cook v. Culbreath, 127 So. 2d 892 (Fla. 1961)…Certiorari denied without opinion. 124 So. 2d 24.…
Authorities Cited
- Clark v. State of Fla. ex rel. Kate Rubin, 122 So. 2d 807 (Fla. 3d DCA 1960)
- State v. J. K., 104 So. 2d 113 (Fla. 2d DCA 1958)