State Ex Rel. Gibbs v. Circuit Court of Eleventh Judicial Circuit in and for Dade County
| Decision Date | 27 October 1939 |
| Parties | STATE ex rel. GIBBS, Atty. Gen., et al. v. CIRCUIT COURT OF ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLA., et al. |
| Court | Florida Supreme Court |
Original prohibition proceeding by the State, on the relation of George Couper Gibbs, as Attorney General, and others against the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Fla., and others, wherein a rule nisi was issued.
Rule nisi made permanent.
George Couper Gibbs, Atty. Gen., and Thos. J. Ellis Asst. Atty. Gen., for petitioners.
Tom Norfleet and Frank Clark, both of Miami, for respondents.
Frank Hyde and C. K. Slaton were informed against in the Criminal Court of Record of Dade County. They were tried and convicted and on writ of error to this Court their conviction was affirmed. When the mandate to execute the judgment went down they applied to and secured from the Circuit Court a writ of habeas corpus on the ground that the information was void in that it was not sworn to by the County Solicitor.
At this state of the cause, application for prohibition was made to this Court. A rule nisi was issued and returns duly entered thereto by the Circuit Judge and the defendants. The returns in part admitted the allegations of the suggestion for prohibition.
The question presented may be stated as follows: Under the state of facts recited, should this Court restrain the Circuit Court from making an order discharging the defendants or otherwise modifying the judgment of the Criminal Court of Record as affirmed by this Court?
The question of the sufficiency of the information not having been raised by motion to quash before going to trial came too late after judgment. Bryan v. State, 41 Fla. 643, 26 So. 1022; Kirkland v. State, 86 Fla. 64, 97 So. 502; Sawyer v. State, 94 Fla. 60, 113 So. 736; Young v. State, 97 Fla. 214, 121 So. 468.
The law is settled in this State that when a cause has been appealed and judgment rendered by the Appellate Court, interference therewith on the part of the lower Court by any proceeding other than such as is directed by the Appellate Court will be prohibited. So, after a binding final judgment on appeal, the lower Court may be prohibited from allowing the same matter to be relitigated. State ex rel Hamilton v. Mayo, 123 Fla. 491, 167 So. 34; State ex rel. Davis v. Hardie, 108 Fla. 133, 146 So. 97; Lee v. Van Pelt, 57...
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In re Com.
..."failure to follow appellate directions can be challenged by an immediate petition for writ of prohibition."); Gibbs v. Circuit Court, 140 Fla. 378, 191 So. 699, 700 (1939) ("The law is settled in this State that when a cause has been appealed and judgment rendered by the appellate court, i......
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State v. Farmer, 80-379
...Admin. Comm. v. District Ct. of App., First Dist., 351 So.2d 712 (Fla.1977); State ex rel. Gibbs v. Circuit Ct. of Eleventh Judicial Circuit In and For Dade County, Fla., 140 Fla. 378, 191 So. 699 (1939). In the instant case the respondent circuit judge affirmatively represents in his respo......
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State ex rel. Tobin v. Holt, 59-662
...v. Klemm, 118 Fla. 657, 160 So. 509; Vining v. American Bakeries Co., 121 Fla. 122, 163 So. 519; State ex rel. Gibbs v. Circuit Court of Eleventh Judicial Circuit, 140 Fla. 378, 191 So. 699; State ex rel. Budd v. Williams, 152 Fla. 189, 11 So.2d 341; Eisenburg v. Cornblum, 156 Fla. 702, 24 ......
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King v. L & L Investors, Inc., 61-30
...Fla. 297, 24 So. 160; Reynolds v. Florida Cent. & P. R. Co., 1900, 42 Fla. 387, 28 So. 861.' In State ex rel. Gibbs, v. Circuit Court of Eleventh Judicial Circuit, 140 Fla. 378, 191 So. 699, 700, the Supreme Court 'The law is settled in this State that when a cause has been appealed and jud......