D. J. BRIDIER, ET AL.,
v.
J. H. BURNS, ET AL.
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The Florida Supreme Court clarified its jurisdictional authority and that of the circuit court regarding enforcement of a prior Supreme Court order. The Court held that while it initially directed the circuit court to enter certain orders, when the circuit court failed to comply, the Supreme Court exercised appellate jurisdiction to enter a direct judgment on March 27, 1942, which became enforceable by the circuit court.
The Circuit Court of Volusia County has full jurisdiction and authority to consider and enforce the petition and related matters as fully and to the same effect as if the Supreme Court's order of March 27, 1942, had been the original order of the Circuit Court. When the Supreme Court's direct order was entered in the circuit court, it became an order and judgment of both the circuit court and the Supreme Court.
“The Supreme Court in its opinion and judgment of December 2, 1941, as modified by its per curiam order appended thereto, 148 Fla. 587, 4 So. (2nd) 853, directed the Circuit Court to make and enter certain orders. When and if those orders had been made pursuant to such instruction they would have been the orders and judgments of the circuit court.”
Establishes that the Supreme Court initially directed the circuit court to enter orders, not the parties directly, making them circuit court orders.
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Join FLexlaw to unlock all legal intelligenceThe Supreme Court had previously issued an opinion and judgment on December 2, 1941, directing the Circuit Court of Volusia County to make and enter c…
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It appears from communication and prayer for direction from the Circuit Court of Volusia County, Florida, presented by the Honorable George W. Jackson, circuit judge, that certain aggrieved parties to the cause have presented to the said Circuit Court their petition praying for the enforcement of that certain order entered by this Court in the above styled and entitled cause on the 27th day of March, 1942, 150 Fla. 238, 7 So. (2nd) 142.
The Circuit Court, through one of its judges, has requested directions as to the power and jurisdiction of the Circuit Court to hear and determine the matters presented by the said petition and to enter orders and judgments pursuant thereto.
It appears to us that confusion has arisen by reason of the erroneous assumption that this Court made its order referred to in the exercise of original jurisdiction direct to the parties to the litigation. Such is not the case. The Supreme Court in its opinion and judgment of December 2, 1941, as modified by its per curiam order appended thereto, 148 Fla. 587, 4 So. (2nd) 853, directed the Circuit Court to make and enter certain orders. When and if those orders had been made pursuant to such instruction they would have been the orders and judgments of the circuit court. The power to enforce the provisions of such orders lies in the circuit court, subject, of course, to review by the Supreme Court under applicable procedure.
It appears, however, that the Supreme Court did on March 27, 1942, 150 Fla. 238, 7 So. (2nd) 142, in the exercise of its appellate jurisdiction under Section 4637 C.G.L., enter its direct judgment and order directed to the parties because it *336was made to appear that the circuit court had failed to comply with the previous order of the Court in this regard. When that order was entered in the circuit court it became an order and judgment of the circuit court, as well as remaining an order and judgment of the Supreme Court.
The premises considered, it is now Ordered and Adjudged that the Circuit Court of Volusia County, Florida, be and is vested with full jurisdiction and authority to consider and act upon the petition presented and all matters which may be presented in connection therewith, as fully and to the same effect as if the order of this Court of March 27, 1942, supra, had been the original order of the Circuit Court.
So ordered.
BUFORD, C. J., TERRELL, CHAPMAN and ADAMS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Berger v. Leposky, 103 So. 2d 628 (Fla. 1958)…uivalent to that where a peremptory writ had issued in a mandamus proceeding before a trial court. The power of an appellate court to accomplish this end directly, in event of necessity, is well recognized. F.S. Sec. 59.34, F.S.A.; Bridier v. Burns, 153 Fla. 334, 14 So. 2d 719; Kuharske v. Lake County Citrus Sales, Fla., 61 So. 2d 495. It is likewise settled that the equitable power to restrain judicial proceedings is confined to restraint of the parties. “It is not addressed to the court or other tribunal…
Authorities Cited
- Bridier v. Burns, 150 Fla. 238 (Fla. 1942)