Edwards v. Knight

• Citation: 100 Fla. 1704,132 So. 459
• Parties: EDWARDS v. KNIGHT.
• Decision Date: 12 January 1931
• Court: Florida Supreme Court

132 So. 459

100 Fla. 1704

EDWARDS v. KNIGHT.

Florida Supreme Court, Division A.

January 12, 1931

Certiorari to Circuit Court, Dade County.

Petition by L. E. Edwards for writ of certiorari to review proceedings in the circuit court, opposed by Daniel Robert Knight. On respondent's motion to quash the writ.

Motion denied.

Syllabus by the Court.

SYLLABUS

Where a writ of certiorari issues from the Supreme Court to a circuit court to review the proceedings of that court in a cause appealed from the civil court of record, a motion to dismiss the writ will not be granted, where it rests upon the ground that the petition for the writ was not filed within thirty days after the rendition of the judgment of the circuit court.

On a proceeding in certiorari from this court a motion to quash the writ will be denied, if there is a question of jurisdiction presented or failure of the trial or appellate court to observe the essential requirements of the law.

The writ of certiorari involves a limited review of the proceedings of an inferior jurisdiction. It does not perform the function of a writ of error or the purpose of appellate proceedings in the nature of a writ of error.

COUNSEL

Hudson & Cason, of Miami, for petitioner.

Evans &amp Mershon, of Miami, for respondent.

OPINION

ELLIS J.

A writ of certiorari was issued by this court to the circuit court of the Eleventh judicial circuit for Dade county to send the record and proceedings to this court of a cause determined in the circuit court, wherein L. E. Edwards was plaintiff in error and Daniel Robert Knight was defendant in error.

The case originated in the civil court of record for Dade county. Knight was the plaintiff and Edwards and William Thomas were defendants. The action was a joint one upon the promissory note of the defendants. Such proceedings were had as resulted in a judgment for the plaintiff. The defendants took a writ of error to the circuit court, which court affirmed the judgment by an order dated June 4, 1930, which was filed and recorded on July 7, 1930, after the court had granted a severance on motion of Edwards.

A petition for certiorari was lodged in this court on September 4, 1930, by Edwards, and the writ issued the same day.

Knight moves to dismiss the writ because the petition was not filed within thirty days after the rendition of the judgment of affirmance by the circuit court. Knight also moved to quash the writ upon several grounds, the substance of which may be stated to be that the circuit court was not without jurisdiction and that the record discloses no procedure in the civil court of record which was not in accordance with the essential requirements of the law.

In the case of Brinson v. Tharin, 99 Fla. 696, 127 So. 313 316, we said:

'It is only the common-law writ of certiorari which may be issued by this court to review the proceedings of the circuit court as an appellate court, and, as that power is secured by the Constitution in this court it may not be extended, limited, nor regulated by statute. We have seen that the attempt to give it the effect of a writ of error and transferring the appellate jurisdiction of the circuit court to this court is futile. Second Weatherford Case [84

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