L. A. WALTERS
v.
W. F. BLANTON, AS COUNTY JUDGE OF DADE COUNTY, AND LINDSEY HOPKINS
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The Florida Supreme Court discharged a rule nisi for a writ of prohibition, finding that the county judge had not exceeded his jurisdiction in an unlawful detainer case. The court sustained the respondents' demurrer, indicating the petition failed to demonstrate a lack of jurisdiction.
No, the county judge did not lack jurisdiction or exceed his jurisdiction in the unlawful detainer case. The petition failed to demonstrate any such lack or excess of jurisdiction.
“It is not made to appear by the said petition or suggestion for writ of prohibition that W. F. Blanton as County Judge of Dade County, Florida, is without jurisdiction to hear and determine the issues involved, nor has it been made to appear that he has exceeded or is about to exceed his jurisdiction in that regard.”
This quote explains the court's primary reason for denying the writ of prohibition, emphasizing the lack of evidence showing the county judge acted outside his jurisdiction.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceL. A. Walters sought a writ of prohibition against W. F. Blanton, the County Judge of Dade County, to prevent him from exercising jurisdiction in an u…
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Rule nisi was issued requiring W. F. Blanton as County Judge of Dade County and Lindsey Hopkins to show cause why the said W. F. Blanton as County Judge should not be prohibited to exercise jurisdiction and render a judgment in the case of Lindsey Hopkins v. L. A. Walters, which was a suit instituted in the County Judge’s Court of Dade County, Florida, in summary proceedings involving unlawful detainer.
The Respondents have filed demurrer to the suggestion for writ of prohibition. It is not made to appear by the said petition or suggestion for writ of prohibition that W. F. Blanton as County Judge of Dade County, Florida, is without jurisdiction to hear and determine the issues involved, nor has it been made to appear that he has exceeded or is about to exceed his jurisdiction in that regard.
*429The demurrer is sustained.
The rule nisi is discharged.
So ordered.
Whitfield, C. J., and Ellis, Terrell, Brown, Buford, and Davis, J. J., concur.
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State ex rel. The B. F. Goodrich Co. v. Worth W. Trammell, 140 Fla. 500 (Fla. 1939)…lower tribunal. State v. Malone, 40 Fla. 129, 25 Sou. Rep. 575; Crill v. State Road Dept., 96 Fla. 110, 117 Sou. Rep. 796; Curtis v. Albritton, 101 Fla. 853, 132 Sou. Rep. 677; State v. Drumright, 116 Fla. 496, 156 Sou. Rep. 721; Walters v. Blanton, 126 Fla. 428, 171 Sou. Rep. 230. The writ of prohibition is never allowed to usurp the functions of an appeal, writ of error or certiorari. (See authorities, supra.) The circuit courts of the State of Florida are courts of general jurisdiction — similar to the…
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Lorenzo v. Honorable S. J. Murphy, 159 Fla. 639 (Fla. 1947)…, this court held: “Prohibition does not lie to prevent or correct commission of errors on part of court that is proceeding within its jurisdiction.” In the case of Walters v. Blanton, County Judge, et al., decided December 8, 1936, as reported in 126 Fla. 428, 171 So. 230, this court held: “Demurrer to suggestion for writ to prohibit county judge from exercising jurisdiction in suit involving unlawful detainer held sustained, where it did not appear from petition or suggestion for writ that County Judge…
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