State Ex Rel. Williams v. Prescott
| Decision Date | 18 May 1933 |
| Citation | 148 So. 533,110 Fla. 261 |
| Parties | STATE ex rel. WILLIAMS v. PRESCOTT, Sheriff. |
| Court | Florida Supreme Court |
En Banc.
Habeas corpus proceeding by the State, on the relation of Frank Williams, against M. H. Prescott, Sheriff of Walton County.
Writ quashed, and petitioner remanded.
COUNSEL Wm. W. Flournoy, of De Funiak Springs, for relator.
Cary D. Landis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for defendant.
This case is before the court on application for writ of habeas corpus, the writ which issued pursuant thereto, and the return of the respondent.
The record shows that prior to the application for writ of habeas corpus in this court the petitioner had applied for and procured issuance of a writ of habeas corpus before the Honorable A. G. Campbell, judge of the First judicial circuit of Florida. That upon hearing, after return, the said judge of the circuit court made an order remanding petitioner to the custody of the sheriff.
It further appears from the record that in that case the identical questions and parties were involved which are involved here. There was no writ of error taken to the judgment of the circuit court in that behalf.
Circuit courts and the Supreme Court of Florida, or any justice thereof, have concurrent jurisdiction in original habeas corpus proceedings. The judgment of the circuit court in such cases becomes absolute, unless reviewed on writ of error by the appellate court, and such judgment becomes res adjudicata as to questions of law involved in that case. Therefore the writ of habeas corpus heretofore issued by a justice of this court should be quashed and the petitioner remanded to execute the judgment of the circuit court heretofore entered and above referred to. See State ex rel. Davis v. Hardie (Fla.) 146 So. 97; section 5444 (3580). Comp. Gen. Laws.
It is so ordered.
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Durley v. Mayo
...rule of res judicata. See State ex rel. Cacciatore v. Drumbright, 116 Fla. 496, 156 So. 721, 97 A.L.R. 154; State of Florida ex rel. Williams v. Prescott, 110 Fla. 261, 148 So. 533; D'Alessandro v. Tippins, 102 Fla. 10, 137 So. 231. It even has applied that doctrine without reference to § 7......
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Taylor v. Chapman
... ... F. Chapman, Superintendent of Florida State Prison Farm. To ... review an order remanding the petitioner to custody, ... D'Alessandro v. Tippins, 102 Fla ... 10, 137 So. 231; State ex rel. Davis v. Hardie, 108 ... Fla. 133, 146 So. 97; State ex rel. Williams v ... Prescott, 110 Fla. 261, 148 So. 533; State ex rel ... Cacciatore v. Drumbright, ... ...
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State ex rel. Parker v. Reynolds
...of the circuit court becomes absolute unless reviewed by a higher court in an appropriate appellate proceeding. State ex rel. Williams v. Prescott, 110 Fla. 261, 148 So. 533. The petition for writ of habeas corpus is It is so ordered. THOMAS C. J., and TERRELL, HOBSON, DREW and THORNAL, JJ.......