HAMBIA BAUER AND HAMILTON A. BAUER, INTERVENOR, APPELLANTS,
v.
THOMPSON & MCKINNON, A COPARTNERSHIP, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court dismissed an appeal because the appellant used the wrong procedural vehicle to seek review. The court clarified that appeals from certain lower court orders must follow specific statutory procedures, and using an unauthorized appeal instead of a petition for certiorari was improper.
No, an appeal is not the proper procedural method in this instance. The court held that the procedure used by the appellants was unauthorized by statute or prior decisions.
“Such procedure is unauthorized by statute or decision of this Court.”
This quote establishes the core reason for the court's decision to dismiss the appeal.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellants sought review of an order denying a motion to strike, which was filed after an appeal was taken from a judgment in the Civil Court of R…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Appellate Procedure cases and more on FLexlaw
PER CURIAM.
A petition for certiorari was filed in this Court December 27, 1952, seeking a review of an order denying a motion to strike filed by the petitioner in the circuit court, to which an appeal had been taken from a judgment entered in the Civil Court of Record, certain papers filed in the trial court. This Court denied the petition for certiorari because no judgment had been entered as a basis for the issuance of the writ.
Subsequently a judgment was entered in the appellate court affirming the judgment of the Civil Court of Record. The petitioner then sought a review by this Court of the final judgment so entered but he did so by appeal instead of petition for certiorari. Such procedure is unauthorized by statute or decision of this Court. See Section 33.12, Florida Statutes 1951 and F.S.A.; Leslie v. Maurer Construction Co., Fla., 67 So. 2d 426.
The appeal is dismissed ex mero motu.
MATHEWS, C. J., and THOMAS, HOBSON, ROBERTS and DREW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hart Props., Inc. v. Metro. Dade Cnty., 346 So. 2d 1199 (Fla. 3d DCA 1977)…extension of Ocean Beach Boulevard; the nightclub referred to is located on Fairyland Island. There is another fishing pier at the south end of Haulover Park, to the bottom right off of Exhibit K. See: Sunny Isles Fishing Pier, Inc. v. Dade County, 79 So. 2d 677 (Fla.1955). The only restaurants and stores closely situated to the area are along Ocean Beach Boulevard and to the north thereof, along AIA. The one non-conforming use on the east is now a defunct drive-in. The. record is unclear as to whether or n…
Authorities Cited
- Leslie v. Maurer Const. Co., 67 So. 2d 426 (Fla. 1953)