Sinclair Refining Co. v. Hunter
Decision Date | 21 July 1939 |
Citation | 191 So. 38,139 Fla. 803 |
Parties | SINCLAIR REFINING CO. v. HUNTER et al. |
Court | Florida Supreme Court |
As Modified on Rehearing August 1, 1939.
Certiorari to Circuit Court, Dade County; Worth W. Trammell, Judge.
Certiorari proceeding by the Sinclair Refining Company, a corporation against Parks C. Hunter and others, individually and as copartners doing business under the name of the Central Georgia Oil Company, to review a judgment of the circuit court dismissing a writ of error to the civil court of record of Dade county.
Writ of certiorari quashed.
Frank L. Butts, of Miami, for petitioner.
Roy S Wood and Troy C. Davis, both of Miami, for respondent.
This case is before us on certiorari directed to the judgment of the Circuit Court of Dade County dismissing writ of error to the Civil Court of Record of Dade County, which writ of error was sued out pursuant to a judgment entered on October 26 1936. The writ of error was sued out on April 23, 1937.
The writ of error was dismissed in the Circuit Court because in its suing out the provisions of Section 3 of chapter 15666, Acts of 1931, Ex.Sess., were not complied with in that the writ of error was sued out more than thirty days after the entry of the judgment to which it was addressed without the Judge of the Civil Court of Record or either of the Judges of the Appellate Court having made an order extending the time within which such writ of error could be sued out.
Sections 1, 2 and 3 of chapter 15666, Acts of 1931, Ex.Sess., are as follows:
Chapter 11357, Extraordinary Session of 1925, established Civil Courts of Record in all counties in Florida having a population of 100,000 inhabitants according to the last State census, and which said counties at that time had no Civil Court of Record established.
In the case of State of Florida ex rel. Rifas v. Atkinson, et al., 102 Fla. 1028, 137 So. 266, 267, we said:
Another phase of chapter 15666, Acts of 1931, Ex.Sess., was before this Court in the case of Grodin v. Railway Express Agency, 116 Fla. 378, 156 So. 476, and in State ex rel. Grodin v. Barns et al., 119 Fla. 405, 161 So. 568, but the two latter cases have no bearing upon the question presented in this case. The title of that Act is:
'An Act Providing for and Regulating Writs of Error From the Circuit Courts to Those Civil Courts of Record in This State Organized and Existing Under Chapter 11357, of the Laws of Florida, Approved November 30, 1925, and for the Hearing, Consideration and Disposition of the Same.'
Therefore, it is apparent that the provision of Section 3 regulating writs of error, 'shall be sued out not later than thirty days after the entry of the final judgment sought to be reviewed,' is within the purview of the title of the Act.
It has ever been recognized that it is competent for the legislature to prescribe the time within which writs of error should be sued out after judgment. See State ex rel. Pensacola & A R. Co. v. Walker, 32 Fla. 431, 13 So. 928; Summerlin v. Tyler et ux., 6 Fla. 718; Atlantic C. L. R. Co. v. Holliday, 73 Fla. 269, 74 So. 479; McClellan v. Wood, 78 Fla. 407, 83 So. 295; Simmons v. Hanne, 50 Fla. 267, 39 So. 77, 7...
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