GERTRUDE A. CURTIS, A WIDOW, AND D. EASTER CURTIS, AS THE EXECUTORS OF THE LAST WILL AND TESTAMENT OF A. E. CURTIS, DECEASED, PETITIONERS,
v.
PAUL C. ALBRITTON, AS CIRCUIT JUDGE FOR THE TWENTY-SEVENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, RESPONDENT
GERTRUDE A. CURTIS, A WIDOW, AND D. EASTER CURTIS, AS THE EXECUTORS OF THE LAST WILL AND TESTAMENT OF A. E. CURTIS, DECEASED, PETITIONERS,
PAUL C. ALBRITTON, AS CIRCUIT JUDGE FOR THE TWENTY-SEVENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, RESPONDENT
101 Fla. 853
Florida Supreme Court (1931)
Negative Treatment
Also reported at: 132 So. 677
Cited by 169 cases
Opinion of the Court
The petition for writ of prohibition filed in this cause having been considered by the court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted .by the Court as its opinion, it is considered and ordered by the Court that the demurrer to the suggestion for the writ of prohibition be, and the same is hereby sustained, and the rule to show cause herein is discharged and peremptory writ denied.
Strum, C.J., and Whitfield, Ellis, Terrell, Brown and Buford, J.J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (46 total)
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Carey English v. McCRARY, 348 So. 2d 293 (Fla. 1977)…te Road Dept. et al., 96 Fla. 110, 117 So. 795 (1928). Furthermore, only when damage is likely to follow the inferior court’s acting without authority of law or in excess of jurisdiction will the writ issue. Curtis et al. v. Albritton, 101 Fla. 853, 132 So. 677 (1931). Prohibition lies to prevent an inferior tribunal from acting in excess of jurisdiction but not to prevent an erroneous exercise of jurisdiction. Burkhart v. Circuit Court of the Eleventh Judicial Circuit, 146 Fla. 457, 1 So. 2d 872 (1941).…1 / 2
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State ex rel. The B. F. Goodrich Co. v. Worth W. Trammell, 140 Fla. 500 (Fla. 1939)…s for the wrong about to be perpetrated by such threatened non-jurisdictional action of the 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 cir…1 / 2
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Sullivan v. Reubin O'D. Askew, 348 So. 2d 312 (Fla. 1977)…n over the parties and the subject matter. Article V, Section 5, of the Florida Constitution vests the circuit courts with plenary power and the jurisdiction to construe all sections of the Constitution. Cf. Curtis et al. v. Albritton, 101 Fla. 853, 132 So. 677 (1931). It is a judicial responsibility to interpret and construe provisions of the Constitution when there are ambiguities or conflicts. The court may determine constitutional intent to assist in the decision of whether a given responsibility lies…
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