Janes v. Heidtman, No. 73--61

CourtCourt of Appeal of Florida (US)
Writing for the CourtMAGER; REED, C.J., and OWEN
Citation272 So.2d 207
PartiesJacob Dale JANES, Petitioner, v. William R. HEIDTMAN, as Sheriff of Palm Beach County, Florida, Respondent.
Docket NumberNo. 73--61
Decision Date25 January 1973

Page 207

272 So.2d 207
Jacob Dale JANES, Petitioner,
v.
William R. HEIDTMAN, as Sheriff of Palm Beach County, Florida, Respondent.
No. 73--61.
District Court of Appeal of Florida, Fourth District.
Jan. 25, 1973.

Jacob Dale Janes, in pro. per.

No appearance for appellee.

MAGER, Judge.

Petitioner has applied to this Court for the issuance of a writ of habeas corpus. The application which is handwritten on wax paper, although somewhat disjointed and difficult to decipher, in essence, challenges the reasonableness of the detention and alleges confinement without bail.

Our file reflects that this application was originally filed in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida. 1 However, the application was withdrawn and refiled in this court after the petitioner was advised by

Page 208

the Circuit Court that jurisdiction to entertain the application rested with the District Court of Appeal. The Circuit Court reached its conclusion on the basis that in order to issue the constitutional writ of habeas corpus the Circuit Court must have appellate jurisdiction over the court whose actions formed the basis for the petition. The record before us does not indicate what other court may have been involved, i.e., a court of record as it existed prior to the revision of Article V, F.S.A., or possibly another judge of the same circuit court. It is, however, reasonable to infer that the Circuit Court assumed that it was acting in an appellate capacity and as such it did not have jurisdiction to entertain the writ of habeas corpus. Whatever the precise nature of the procedural circumstances, whether involving an 'inferior' court or a judge of the same court, it is immaterial to our disposition of the matter under consideration.

The applicable provisions of the Florida Constitution both prior to and subsequent to the adoption of the newly revised judicial article vest the Circuit Court with the power to issue writs of habeas corpus. See Article V, Section 5(b), Constitution of Florida, 1972. The primary object of habeas corpus is to determine the legality of the restraint under which the person is held. 15 Fla.Jur. Habeas Corpus § 2. As pointed out in State v. Schulz, Fla.App.1965, 180 So.2d 367 'a traditional purpose of the writ is to furnish a speedy hearing and remedy to one whose liberty is unlawfully restrained'. In the application under consideration petitioner alleges that he has been held in the Palm Beach...

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9 practice notes
  • State ex rel. Renaldi v. Sandstrom, No. 73--257
    • United States
    • Court of Appeal of Florida (US)
    • April 16, 1973
    ...Page 110 for writs of habeas corpus directed at actions of other circuit courts or judges. See, e.g., Janes v. Heidtman, Fla.App.1973, 272 So.2d 207. Thus, petitions for writs of habeas corpus that were traditionally directed to the circuit courts are now being directed to this court. We ar......
  • Leichtman v. Singletary, No. 94-1308
    • United States
    • Court of Appeal of Florida (US)
    • May 29, 1996
    ...if it is shown that his retention is without jurisdiction or that the order under which he is held is void. See Janes v. Heidtman, 272 So.2d 207, 208 (Fla. 4th DCA 1973). As explained by the second district in State v. Broom, 523 So.2d 639, 641 (Fla. 2d DCA 1988), appeal dismissed, 545 So.2......
  • Murray v. Regier, No. SC01-100
    • United States
    • United States State Supreme Court of Florida
    • December 5, 2002
    ...over which there is no appellate jurisdiction, but may not review "the legal sufficiency of the order"); Janes v. Heidtman, 272 So.2d 207, 208 (Fla. 4th DCA 1973) (permitting reviewing court without appellate jurisdiction to discharge a person based on illegality of order, but not......
  • State ex rel. Scaldeferri v. Sandstrom, No. 43504
    • United States
    • United States State Supreme Court of Florida
    • October 31, 1973
    ...Renaldi v. Sandstrom, 276 So.2d 109 (1973), and Judge Gerald Mager's Fourth District opinion (cited in Sandstrom) in Janes v. Heidtman, 272 So.2d 207 (Fla.App.1973), have considered the problem of concurrent jurisdiction in habeas corpus cases. These opinions contain excellent reviews of th......
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9 cases
  • State ex rel. Renaldi v. Sandstrom, No. 73--257
    • United States
    • Court of Appeal of Florida (US)
    • April 16, 1973
    ...Page 110 for writs of habeas corpus directed at actions of other circuit courts or judges. See, e.g., Janes v. Heidtman, Fla.App.1973, 272 So.2d 207. Thus, petitions for writs of habeas corpus that were traditionally directed to the circuit courts are now being directed to this court. We ar......
  • Leichtman v. Singletary, No. 94-1308
    • United States
    • Court of Appeal of Florida (US)
    • May 29, 1996
    ...if it is shown that his retention is without jurisdiction or that the order under which he is held is void. See Janes v. Heidtman, 272 So.2d 207, 208 (Fla. 4th DCA 1973). As explained by the second district in State v. Broom, 523 So.2d 639, 641 (Fla. 2d DCA 1988), appeal dismissed, 545 So.2......
  • Murray v. Regier, No. SC01-100
    • United States
    • United States State Supreme Court of Florida
    • December 5, 2002
    ...by a court over which there is no appellate jurisdiction, but may not review "the legal sufficiency of the order"); Janes v. Heidtman, 272 So.2d 207, 208 (Fla. 4th DCA 1973) (permitting reviewing court without appellate jurisdiction to discharge a person based on illegality of order, but no......
  • State ex rel. Scaldeferri v. Sandstrom, No. 43504
    • United States
    • United States State Supreme Court of Florida
    • October 31, 1973
    ...Renaldi v. Sandstrom, 276 So.2d 109 (1973), and Judge Gerald Mager's Fourth District opinion (cited in Sandstrom) in Janes v. Heidtman, 272 So.2d 207 (Fla.App.1973), have considered the problem of concurrent jurisdiction in habeas corpus cases. These opinions contain excellent reviews of th......
  • Request a trial to view additional results

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