AMOS W. CORBETT, RELATOR,
v.
PARKER LEE MCDONALD, RESPONDENT
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The Florida Fourth District Court of Appeal denied a petition for a writ of mandamus, holding that the circuit court lacked jurisdiction to issue the original writ and that the petitioner had an adequate remedy by appeal.
No, the circuit court did not have jurisdiction over the Florida Real Estate Commission. Even if it did, the petitioner had an adequate remedy by appeal.
“The circuit court did not have jurisdiction to entertain the original petition for writ of mandamus in that such court does not have appellate jurisdiction over the Florida Real Estate Commission.”
Establishes the primary reason for denying the writ.
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Join FLexlaw to unlock all legal intelligenceThe petitioner sought a writ of mandamus to compel a circuit judge to reinstate an alternative writ of mandamus. The original petition for mandamus wa…
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Petitioner seeks a writ of mandamus to require a circuit judge to reinstate an alternative writ of mandamus. We decline its issuance because:
1. The circuit court did not have jurisdiction to entertain the original petition for writ of mandamus in that such court does not have appellate jurisdiction over the Florida Real Estate Commission. State ex rel. Randall v. Heffernan, Fla. App.1961, 128 So.2d 892; State ex rel. [Florida] Real Estate Commission v. Anderson, Fla.App.1964, 164 So.2d 265.
2. Assuming jurisdiction in the circuit court, petitioner has an adequate remedy by appeal. Crump v. Branning, 1917, 74 Fla. 522, 77 So. 228; Welch v. State ex rel. Johnson, 1923, 84 Fla. [261] 264, 95 So. 751; State ex rel. North St. Lucie River Drainage Dist. v. Kanner, 1943, 152 Fla. 400, 11 So.2d 889.
Mandamus denied.
WALDEN, C. J., and McCAIN and REED, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jezek v. Vordemaier, 227 So. 2d 69 (Fla. 4th DCA 1969)…ent in the circuit court of the county in which such person resides or in which the executive offices of the agency are maintained.” . May v. Holley, Fla.1952, 59 So. 2d 636. . Section 475.35, F.S.1967, F.S.A. . Corbett v. McDonald, Fla.App.1968, 206 So. 2d 407; State ex rel. Florida Real Estate Commission v. Anderson, Fla.App. 1964, 164 So. 2d 285. . Section 120.30(1), F.S.1967, F.S.A. . Bayne v. Florida State Board of Dispensing Opticians, Fla.1968, 212 So. 2d 762; Stadnik v. Shell’s City, Inc., Fla. 1…
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Newman v. Hornsby, 385 So. 2d 1106 (Fla. 5th DCA 1980)…. 873 (1907); but see, Collins v. Land, 213 S.W. 2d 265 (Tex. Civ.App.1958). Needless to say, jurisdiction cannot be waived. Florida Rule of Civil Procedure 1.140; see Seaboard Air Line Co. v. Gay, 68 So. 2d 591, 592 (Fla.1953); Corbett v. McDonald, 206 So. 2d 407 (Fla.4th DCA 1968); State v. Anderson, 164 So. 2d 265 (Fla.2d DCA 1964); State v. Heffernan, 128 So. 2d 892 (Fla.3d DCA 1961). We have not overlooked the Florida case of State ex. rel. Wainwright v. Holley, supra, which suggests by way of dicta tha…
Authorities Cited
- Welch v. State ex rel. Rosetta Johnson, 85 Fla. 264 (Fla. 1923)
- Crump v. Branning, 74 Fla. 522 (Fla. 1917)
- State of Fla. ex rel. Fla. Real Est. Comm'n v. Honorable Allen C. Anderson, 164 So. 2d 265 (Fla. 2d DCA 1964)
- State OF Fla. on relation of N. St. Lucie River Drainage Dist. v. Honorable A. O. Kanner, 152 Fla. 400 (Fla. 1943)
- Weed v. State (Fla. 1st DCA 2023)
- United Metal & Steel Corp. v. Jones Boat Yard, Inc., 128 So. 2d 892 (Fla. 3d DCA 1961)
- State of Fla. ex rel. Marilyn Randall v. Honorable David J. Heffernan, 128 So. 2d 892 (Fla. 3d DCA 1961)