First Nat. Bank v. Gibbs

CourtFlorida Supreme Court
Writing for the CourtWHITFIELD, J.
PartiesFIRST NAT. BANK OF GAINESVILLE v. GIBBS, Circuit Judge, et al.
Decision Date14 July 1919

82 So. 618

78 Fla. 118

FIRST NAT. BANK OF GAINESVILLE
v.

GIBBS, Circuit Judge, et al.

Florida Supreme Court

July 14, 1919


Petition of the First National Bank of Gainesville for a writ of certiorari against George Couper Gibbs, Judge of the Circuit Court for the Fourth Judicial Circuit of Florida for Duval County, and others. Writ quashed.

Syllabus by the Court

SYLLABUS

The Supreme Court has power to review and quash, on the common-law writ of certiorari, the proceedings of inferior tribunals when they proceed in a cause without jurisdiction, or when their procedure is essentially irregular and not according to the essential requirements of justice and law and no appeal or direct method of reviewing the proceedings exists.

The writ of certiorari to review the proceedings of an inferior court does not issue as a matter of right, but rests in the sound discretion of the court, and, when issued, will not serve the purpose of a writ of error or appeal with a bill of exceptions.

The office of the common-law writ of certiorari, when issued to review the proceedings of an inferior court, is to bring up for inspection the entire record of the proceedings of such court, in order that the superior court may determine therefrom whether the inferior court acted within its jurisdictional powers, or whether its procedure was essentially regular and in accordance with the requirements of law.

On writs of certiorari, the ultimate adjudication is to quash the judgment complained of, or to quash the writ of ceriorari.

In this state the writ of certiorari is used to quash illegal judgments, not to assume and complete the adjudication of a cause. Ordinarily the writ of certiorari may not be used to quash a judgment of an inferior court, unless such judgment is a final adjudication of the cause.

A judgment on writ of error reversing a judgment and remanding the cause for further proceedings in the lower court is not a final judgment.

COUNSEL [82 So. 619] [78 Fla. 119] Hampton & Hampton, of Gainesville, for petitioner.

Johnston & Garrett, of Kissimmee, for respondents.

OPINION

WHITFIELD, J.

A judgment in assumpsit was rendered by the civil court of record for Duval county. On writ of error to the circuit court, the judgment was reversed and the cause 'returned to the civil court of record for further proceedings.' A writ of certiorari was applied for and issued by this court addressed to the circuit court. A motion is made to quash the writ of certiorari.

Pursuant to authority conferred by section 1, art. 5, as amended, and section 11, art. 5, of the Constitution, the Legislature, by chapter 6904, Acts of 1915, provided for civil courts of record in counties having 70,000 population; such courts to have jurisdiction in civil actions at law where the matter in controversy does not exceed $1,500, exclusive of interest and costs. Sections 12 and 13 of the act provide as follows:

'Sec 12. The circuit courts shall have appellate jurisdiction in all cases decided by the civil courts of record, in the same manner and with the same limitations as in writs of error from the circuit to the county court
'Sec. 13. Where the circuit court has rendered a judgment in any case appealed from the civil court of record [78 Fla. 120] as provided by this act, it shall be competent for the Supreme Court to require, by certiorari or otherwise, upon petition of any party thereto, any such case to be certified to the Supreme Court for its review and determination, with the same power and authority in the case as if it had been carried by writ of error to the Supreme Court: Provided, that such petition must be filed within thirty days after the rendering of such judgment by the circuit court. The Supreme Court shall make such rules and regulations as may be proper for the exercise of its powers under this act.'

Under section 5, art. 5, of the Constitution, the Supreme Court has 'the power to issue writs of * * * certiorari.'

Section 1690, General Statutes 1906, is as follows:

'All proceedings to procure review by an appellate court of the proceedings of a lower court in cases at law shall be by writ of error, except in cases where certiorari or prohibition shall lie, or where it...

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50 practice notes
  • State Ex Rel. Buckwalter v. City of Lakeland
    • United States
    • United States State Supreme Court of Florida
    • 3 Octubre 1933
    ...34 Fla. 504, 16 So. 398, 43 Am. St. Rep. 214; Holmberg v. Toomer, 78 Fla. 116, 82 So. 620; First National Bank of Gainesville v. Gibbs [78 Fla. 118, 82 So. 618], supra. 'The common-law writ of certiorari cannot be made to serve the purpose of an appellate proceeding in the nature of a writ ......
  • Kilgore v. Bird
    • United States
    • United States State Supreme Court of Florida
    • 24 Febrero 1942
    ...for which no provision has been made for review by appeal to this court. Thus in the case of First National Bank of Gainesville v. Gibbs, 78 Fla. 118, 82 So. 618, 620, this court speaking through Mr. Justice Whitfield, said: 'On writs of certiorari the ultimate adjudication is to quash the ......
  • Atlantic Coast Line R. Co. v. Florida Fine Fruit Co.
    • United States
    • United States State Supreme Court of Florida
    • 21 Enero 1927
    ...165] So. 550; Benton v. State, 74 Fla. 30, 76 So. 341; Harrison v. Frink, 75 Fla. 22, 77 So. 663; First Nat. Bank of Gainesville v. Gibbs, 78 Fla. 118, 82 So. 618; American Ry. Exp. Co. v. Weatherford, 84 Fla. 264, 93 So. 740; American Ry. Exp. Co. v. Weatherford, 86 Fla. 626, 98 So. 820. I......
  • Janet Realty Corp. v. Hoffman's, Inc.
    • United States
    • United States State Supreme Court of Florida
    • 23 Diciembre 1943
    ...86 Fla. 626, 98 So. 820; American Ry. Exp. Co. v. Weatherford, 84 Fla. 264, 93 So. 740; First Nat. Bank of Gainesville v. Gibbs, 78 Fla. 118, 82 So. 618; Harrison v. Frink, 75 Fla. 22, 77 So. 663; Benton v. State, 74 Fla. 30, 76 So. 341; State v. Live Oak, P. & G. R. Co., 70 Fla. 564, 70 So......
  • Request a trial to view additional results
50 cases
  • State Ex Rel. Buckwalter v. City of Lakeland
    • United States
    • United States State Supreme Court of Florida
    • 3 Octubre 1933
    ...34 Fla. 504, 16 So. 398, 43 Am. St. Rep. 214; Holmberg v. Toomer, 78 Fla. 116, 82 So. 620; First National Bank of Gainesville v. Gibbs [78 Fla. 118, 82 So. 618], supra. 'The common-law writ of certiorari cannot be made to serve the purpose of an appellate proceeding in the nature of a writ ......
  • Kilgore v. Bird
    • United States
    • United States State Supreme Court of Florida
    • 24 Febrero 1942
    ...for which no provision has been made for review by appeal to this court. Thus in the case of First National Bank of Gainesville v. Gibbs, 78 Fla. 118, 82 So. 618, 620, this court speaking through Mr. Justice Whitfield, said: 'On writs of certiorari the ultimate adjudication is to quash the ......
  • Atlantic Coast Line R. Co. v. Florida Fine Fruit Co.
    • United States
    • United States State Supreme Court of Florida
    • 21 Enero 1927
    ...165] So. 550; Benton v. State, 74 Fla. 30, 76 So. 341; Harrison v. Frink, 75 Fla. 22, 77 So. 663; First Nat. Bank of Gainesville v. Gibbs, 78 Fla. 118, 82 So. 618; American Ry. Exp. Co. v. Weatherford, 84 Fla. 264, 93 So. 740; American Ry. Exp. Co. v. Weatherford, 86 Fla. 626, 98 So. 820. I......
  • Janet Realty Corp. v. Hoffman's, Inc.
    • United States
    • United States State Supreme Court of Florida
    • 23 Diciembre 1943
    ...86 Fla. 626, 98 So. 820; American Ry. Exp. Co. v. Weatherford, 84 Fla. 264, 93 So. 740; First Nat. Bank of Gainesville v. Gibbs, 78 Fla. 118, 82 So. 618; Harrison v. Frink, 75 Fla. 22, 77 So. 663; Benton v. State, 74 Fla. 30, 76 So. 341; State v. Live Oak, P. & G. R. Co., 70 Fla. 564, 70 So......
  • Request a trial to view additional results

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