State ex rel. Vance v. Wellman
| Decision Date | 05 May 1969 |
| Docket Number | No. 69-242,69-242 |
| Parties | STATE ex rel. Sam VANCE, Sidney T. Laurence, and Claude Rigsby, Relators, v. Joseph WELLMAN, Richard W. Allen and Edward T. Tietjen, Respondents. |
| Court | Florida District Court of Appeals |
David Linn, of White, Phipps, Linn, Furnell & Mahorner, Tallahassee, for relators.
No appearance for respondents.
Article V, § 5(3) of our Constitution, F.S.A. provides that a District Court of Appeal May issue the writ of quo warranto sought in this original proceeding. Section 6(3) grants the same jurisdiction to the circuit courts. The philosophy underlying the judiciary article vouchsafes to every litigant two days in court and if the matter were initially heard in the circuit court it would be reviewable here or, in a limited category of circumstances, in the Supreme Court. Orderly procedure dictates that we respect that philosophy and that petitions for extraordinary writs be heard first in the circuit court unless there is some compelling reason for invoking the original jurisdiction of an appellate court. See State ex rel. Clark v. Klingensmith, 1936, 126 Fla. 124, 170 So. 616, in which there were factual issues to be tried, which may not be the case here, but which appears to us to be immaterial. We cannot transfer the case because the jurisdiction invoked is original and not appellate, State ex rel. Winton v. Town of Davie, Fla.1961, 127 So.2d 671. Accordingly we dismiss the information in the nature of quo warranto on our own motion without prejudice to the right of relators to proceed in the appropriate circuit court.
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Whiley v. Scott
...original jurisdiction of a higher court, a quo warranto proceeding should be commenced in circuit court. See State ex rel. Vance v. Wellman, 222 So.2d 449, 449 (Fla. 2d DCA 1969). This Court may choose to consider extraordinary writ petitions “where the functions of government would be adve......
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Jackson v. State
...for writ of mandamus denied in part and granted in part. CASANUEVA and STRINGER, JJ., Concur. 1. Pursuant to State ex rel. Vance v. Wellman, 222 So.2d 449 (Fla. 2d DCA 1969), a petition for an extraordinary writ should first be filed in the circuit court unless there is a compelling reason ......
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Johnson v. Office of State Attorney, No. 5D08-710.
...brought by a direct quo warranto proceeding. Ordinarily, this should first be presented to the circuit court. State ex rel. Vance v. Wellman, 222 So.2d 449, 449 (Fla. 2d DCA 1969). In Carey v. State, 349 So.2d 820 (Fla. 3d DCA 1977), the defendant challenged, on direct appeal, the denial of......
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