State ex rel. Mott v. Scofield, No. 1293

CourtCourt of Appeal of Florida (US)
Writing for the CourtKANNER; ALLEN, C. J., and SHANNON
Citation120 So.2d 825
PartiesSTATE of Florida ex rel. Raymond E. MOTT, Appellant, v. O. Frank SCOFIELD, as County Judge of Citrus County, Florida, Appellee.
Docket NumberNo. 1293
Decision Date25 May 1960

Page 825

120 So.2d 825
STATE of Florida ex rel. Raymond E. MOTT, Appellant,
v.
O. Frank SCOFIELD, as County Judge of Citrus County, Florida, Appellee.
No. 1293.
District Court of Appeal of Florida, Second District.
May 25, 1960.

Scofield & Bradshaw, Inverness, for appellant.

Chas. B. Fitzpatrick, Inverness, for appellee.

Page 826

KANNER, Judge.

The relator, Mott, tried on a misdemeanor charge before the respondent county judge and a jury, was acquitted. The trial was reported by an official court reporter at the request of the relator, who paid the reporter for his services. The relator filed a sworn statement of costs showing payment of the reporter's charge and requested a certificate of payment of such cost, pursuant to section 939.06, Florida Statutes, F.S.A. The county judge declined to issue the certificate because in his opinion the fee of the court reporter was not taxable as costs.

Mandamus action seeking coercive issuance by the county judge of the certificate of payment was then instituted by the relator. Petition for alternative writ of mandamus was filed, and the writ sought was issued pursuant to the petition. The respondent county judge thereupon filed a motion to quash the alternative writ of mandamus under several stated grounds which, for purpose of this opinion, we do not deem it necessary to recite. In due time the motion to quash came on to be heard, and the trial judge entered an order granting it. The decretal part of the order reads:

'It is, thereupon, ordered, adjudged, and decreed that the motion of relator to quash the alternative writ of mandamus issued in the above cause be, and the same, is hereby granted.'

The appeal is from this order.

Mandamus is an action at law. Thus this appeal is directed to an order in a common-law proceeding. For an appeal at law to be properly lodged jurisdictionally with an appellate court, it is essential that the appeal ensue from a final judgment or order, unless the question for appeal concerns jurisdiction over the person or venue. Rule 4.2, subd. a, Florida Appellate Rules, 31 F.S.A. Here, neither of these exceptions is involved. We therefore question whether the appealed order is a final judgment so as to vest this court with jurisdiction. We must conclude that it is not. The order merely grants the motion to quash the alternative writ without dismissing the petition. An order granting motion to quash an alternative writ of mandamus is not a final judgment, nor is an...

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7 practice notes
  • Sheley v. Florida Parole Com'n, No. 97-1659
    • United States
    • Court of Appeal of Florida (US)
    • December 31, 1997
    ...circuit court, the resulting final order is subject to review by appeal. Mandamus is an action at law, See State ex rel Mott v. Scofield, 120 So.2d 825 (Fla. 2d DCA 1960), and, as with other actions at law, a final judgment on a complaint for writ of mandamus is reviewable by appeal. See, e......
  • Mazer v. Orange County, No. 5D01-1163.
    • United States
    • Court of Appeal of Florida (US)
    • March 28, 2002
    ...circuit court, the resulting final order is subject to review by appeal. Mandamus is an action at law, See State ex rel Mott v. Scofield, 120 So.2d 825 (Fla. 2d DCA 1960), and, as with other actions at law, a final judgment on a complaint for writ of mandamus is reviewable 811 So.2d 859 by ......
  • Mazer v. Orange County Fl, 01-1163
    • United States
    • Court of Appeal of Florida (US)
    • December 14, 2001
    ...circuit court, the resulting final order is subject to review by appeal. Mandamus is an action at law, See State ex rel Mott v. Scofield, 120 So. 2d 825 (Fla. 2d DCA 1960), and, as with other actions at law, a final judgment on a complaint for writ of mandamus is reviewable by appeal.") (ci......
  • Rebholz v. Floyd, No. 75--936
    • United States
    • Court of Appeal of Florida (US)
    • February 13, 1976
    ...we have previously held that an order dismissing a petition for a writ of mandamus is a final order. State v. Scofield, Fla.App.2d 1960, 120 So.2d 825. The timely filed petition for reconsideration, being in effect a petition for rehearing, stays the appeal time. Laytner v. Humble Oil & Ref......
  • Request a trial to view additional results
7 cases
  • Sheley v. Florida Parole Com'n, No. 97-1659
    • United States
    • Court of Appeal of Florida (US)
    • December 31, 1997
    ...circuit court, the resulting final order is subject to review by appeal. Mandamus is an action at law, See State ex rel Mott v. Scofield, 120 So.2d 825 (Fla. 2d DCA 1960), and, as with other actions at law, a final judgment on a complaint for writ of mandamus is reviewable by appeal. See, e......
  • Mazer v. Orange County, No. 5D01-1163.
    • United States
    • Court of Appeal of Florida (US)
    • March 28, 2002
    ...circuit court, the resulting final order is subject to review by appeal. Mandamus is an action at law, See State ex rel Mott v. Scofield, 120 So.2d 825 (Fla. 2d DCA 1960), and, as with other actions at law, a final judgment on a complaint for writ of mandamus is reviewable 811 So.2d 859 by ......
  • Mazer v. Orange County Fl, 01-1163
    • United States
    • Court of Appeal of Florida (US)
    • December 14, 2001
    ...circuit court, the resulting final order is subject to review by appeal. Mandamus is an action at law, See State ex rel Mott v. Scofield, 120 So. 2d 825 (Fla. 2d DCA 1960), and, as with other actions at law, a final judgment on a complaint for writ of mandamus is reviewable by appeal.") (ci......
  • Rebholz v. Floyd, No. 75--936
    • United States
    • Court of Appeal of Florida (US)
    • February 13, 1976
    ...we have previously held that an order dismissing a petition for a writ of mandamus is a final order. State v. Scofield, Fla.App.2d 1960, 120 So.2d 825. The timely filed petition for reconsideration, being in effect a petition for rehearing, stays the appeal time. Laytner v. Humble Oil & Ref......
  • Request a trial to view additional results

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