J. M. LEE, AS COMPTROLLER,
v.
CARL E. BECK
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The Florida Supreme Court denied a petition to intervene in an appeal and also denied a constitutional writ. The court found the petitioner was not a party to the original decree and should pursue other legal remedies.
The court held that Hanna's petition to intervene and his request for a constitutional writ should be denied. The court reasoned that Hanna was not bound by the decree and should pursue other legal avenues.
“Upon consideration of the petition of James J. Hanna to intervene in this cause and be made a party to it in the Supreme Court, it is ordered that said petition be denied and that the constitutional writ under Section 5 of Article V of the Constitution be also denied, without prejudice to the right of petitioner to pursue any appropriate legal remedy for the issuance of license to petitioner for the use and operation of the slot machines alleged to be owned by him, or to seek any appropriate writ for the protection of his rights, if any he may have in the premises, pending the final determination of any such proceeding as he may elect to institute, it appearing that petitioner herein has never become a party to, nor bound by, the decree appealed from in this particular case wherein he seeeks leave to intervene.”
The court's order denying intervention and the writ, and outlining the reasoning.
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Join FLexlaw to unlock all legal intelligenceJames J. Hanna sought to intervene in an ongoing appeal before the Florida Supreme Court. Hanna also sought a constitutional writ related to slot mach…
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Upon consideration of the petition of James J. Hanna to intervene in this cause and be made a party to it in the Supreme Court, it is ordered that said petition be denied and that the constitutional writ under Section 5 of Article V of the Constitution be also denied, without prejudice to the right of petitioner to pursue any appropriate legal remedy for the issuance of license to petitioner for the use and operation of the slot machines alleged to be owned by him, or to seek any appropriate writ for the protection of his rights, if any he may have in the premises, pending the final determination of any such proceeding as he may elect to institute, it appearing that petitioner herein has never become a party to, nor bound by, *467the decree appealed from in this particular case wherein he seeeks leave to intervene.
Intervention as party to appeal denied.
Constitutional writ denied.
Whitfield, C. J., and Davis, and Buford, J. J., concur.
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Dickinson v. Segal, 219 So. 2d 435 (Fla. 1969)…the lower court ends when the final decree is entered.” First National Bank of Tampa et al. v. Culbreath et al., 144 Fla. 526, 530, 198 So. 199, 201. Also see Peoples Bank of Jacksonville v. Va. Bridge & Iron Co. et al., 94 Fla. 474, 113 So. 680. . 120 Fla. 466, 162 So. 870. . The final judgment of the lower court in the present case clearly does not bind the Comptroller. The question determined may be litigated by the Comptroller in any appropriate proceeding. . Cited as authority for this statement is…