Adams v. State
| Decision Date | 20 December 1927 |
| Parties | ADAMS et al. v. STATE. |
| Court | Florida Supreme Court |
Error to Circuit Court, Brevard County; W. W. Wright, Judge.
Pearl Adams, Mayme Adams, Carrie Lee Jones, and Gladys Jones bring error.
Writ of error dismissed.
Syllabus by the Court
Writ of error returnable 16 days after it was issued and dated is void, and must be dismissed (Rev. Gen. St. 1920, §§ 2908, 6149). A writ of error made returnable 16 days after it was issued and dated is contrary to the statute and void, confers no jurisdiction upon this court, and must be dismissed.
Hartridge & Patterson, of West Palm Beach, and Fullerton & Bass, of New Smyrna, for plaintiffs in error.
Fred H. Davis, Atty. Gen., and H. E. Carter, Asst. Atty. Gen., for the State.
The writ of error in this case was issued and dated June 13, 1927, and made returnable June 29, 1927. Writs of error in criminal cases must be issued and made returnable as the like writs in civil cases. Section 6149, Rev. Gen. Stats. All writs of error are required by the statute to be made returnable to a day, either in term time or vacation, more than 30 days, and not more than 90 days, from the date of the writ. Section 2908, Rev. Gen. Stats. A writ of error made returnable contrary to law is void, and does not give to this court jurisdiction of the cause. The fact that the Attorney General has not moved to dismiss the writ of error does not make the writ as issued effective. An express or implied appearance is of no avail in such case, and the writ will be dismissed by the appellate court of its own motion. Savannah, Florida & W. Ry. Co. v. Justice, 41 Fla. 508, 26 So. 704; Rye v. Banks, 66 Fla. 434, 63 So. 825; Anderson v. State, 73 Fla. 86, 74 So. 6; Law v. Zimmerman, 87 Fla. 421, 100 So. 528; Griffith v. Henderson, 52 Fla. 507, 42 So. 705; McJunkins v. Stevens, 88 Fla. 559, 102 So. 756; Mutual Life Ins. Co. v. Hartley (Fla.) 109 So. 421. As the writ of error in this case was made returnable 16 days after it was issued and dated, it confers no jurisdiction of the subject-matter upon this court, and must be dismissed.
Writ of error dismissed.
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