Nation v. State

CourtFlorida Supreme Court
Writing for the CourtAuthor: Sebring
Citation22 So.2d 219,155 Fla. 858
Decision Date18 May 1945
PartiesNATION v. STATE.

22 So.2d 219

155 Fla. 858

NATION
v.
STATE.

Florida Supreme Court

May 18, 1945


Rehearing Denied June 7, 1945.

[155 Fla. 859] H. E. Oxford and Bradford G. Williams, both of Lakeland, for petitioner.

J. Tom Watson, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for respondent.

SEBRING, Justice.

Otis G. Nation was tried and convicted in the Criminal Court of Record of Orange County on a charge of doing the business of an emigrant agent in the State of Florida without having first obtained a license therefor, contrary to chapter 22068, Laws of Florida 1943, F.S.A. § 205.39. He appealed to the Circuit Court of Orange County from the judgment rendered. The Circuit Court of Orange County affirmed the judgment. Nation then applied to this court for a writ of certiorari to review the procedings below and writ of certiorari was granted. The record of the proceedings in the trial court is now before us for consideration.

The common-law writ of certiorari issues, not to serve the purpose of an appeal, or to give an aggrieved party a second appeal, but to cause the record of an inferior court to be brought up in order that a superior court may determine from the face of the record whether the inferior court has exceeded its jurisdiction or has not proceeded in accordance with the essential requirements of law. Des Rocher & Watkins Towing Co. v. Third National Bank, 106 Fla. 466, 143 So. 768; Farnham v. Caldwell, 141 Fla. 416, 193 So. 286. The writ being thus limited in function, the subject matter of a suit that has been tried in a court of competent jurisdiction and thereafter reviewed in an appropriate appellate tribunal will not be reinvestigated, tried and determined upon the merits generally when brought here by certiorari. Jacksonville American Publishing Co. v. Jacksonville Paper Co., 143 Fla. 835, 197 So. 672.

All of the matters raised by petitioner and brought here by the record were duly presented to the circuit court on appeal. There was ample competent and legal evidence to support the judgment of the trial court and to sustain the judgment of affirmance rendered by the circuit court on appeal. It does not appear from the face of the record that the trial court has exceeded its jurisdiction or has not proceeded [155 Fla. 860] in accordance with the essential requirements of law. The common-law writ of certiorari heretofore issued by this court must therefore be quashed.

It is so ordered.

CHAPMAN, C. J., and BROWN...

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3 practice notes
  • Hilkmeyer v. Latin Am. Air Cargo Expediters, Inc.
    • United States
    • United States State Supreme Court of Florida
    • April 24, 1957
    ...of under rules developed by the Court of govern 'common law' certiorari. 2 Page 824 On this subject we said in Nation v. State, 1945, 155 Fla. 858, 22 So.2d 'The common-law writ of certiorari issues, not to serve the purpose of an appeal, or to give an aggrieved party a second appeal, but t......
  • Townsend v. State, No. A-40
    • United States
    • Court of Appeal of Florida (US)
    • October 29, 1957
    ...v. Spruell, 104 Fla. 347, 139 So. 892. Certiorari cannot be made to serve the purpose of ordinary appellate proceedings. Nation v. State, 155 Fla. 858, 22 So.2d 219; Wolkowsky v. Goodkind, 153 Fla. 267, 14 So.2d 398; Robinson v. City of Miami, 138 Fla. 696, 190 So. 35; Miami Poultry & Egg C......
  • Allstate Van Lines Corp. v. Palmerio, No. 76--431
    • United States
    • Court of Appeal of Florida (US)
    • June 11, 1976
    ...is therefore clear that petitioner is seeking to take a second appeal from the county court judgment. This it may not do. Nation v. State, 155 Fla. 858, 22 So.2d 219 Accordingly, the petition for writ of certiorari is hereby dismissed. MAGER, DOWNEY and ALDERMAN, JJ., concur. ...
3 cases
  • Hilkmeyer v. Latin Am. Air Cargo Expediters, Inc.
    • United States
    • United States State Supreme Court of Florida
    • April 24, 1957
    ...of under rules developed by the Court of govern 'common law' certiorari. 2 Page 824 On this subject we said in Nation v. State, 1945, 155 Fla. 858, 22 So.2d 'The common-law writ of certiorari issues, not to serve the purpose of an appeal, or to give an aggrieved party a second appeal, but t......
  • Townsend v. State, No. A-40
    • United States
    • Court of Appeal of Florida (US)
    • October 29, 1957
    ...v. Spruell, 104 Fla. 347, 139 So. 892. Certiorari cannot be made to serve the purpose of ordinary appellate proceedings. Nation v. State, 155 Fla. 858, 22 So.2d 219; Wolkowsky v. Goodkind, 153 Fla. 267, 14 So.2d 398; Robinson v. City of Miami, 138 Fla. 696, 190 So. 35; Miami Poultry & Egg C......
  • Allstate Van Lines Corp. v. Palmerio, No. 76--431
    • United States
    • Court of Appeal of Florida (US)
    • June 11, 1976
    ...is therefore clear that petitioner is seeking to take a second appeal from the county court judgment. This it may not do. Nation v. State, 155 Fla. 858, 22 So.2d 219 Accordingly, the petition for writ of certiorari is hereby dismissed. MAGER, DOWNEY and ALDERMAN, JJ., concur. ...

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