State v. Goodson
| Decision Date | 27 May 1913 |
| Parties | STATE ex rel. RHODES v. GOODSON et al., Liberty County Com'rs. |
| Court | Florida Supreme Court |
Error to Circuit Court, Liberty County; J. W. Malone, Judge.
Application by the State, on the relation of L. S. Rhodes, for writ of mandamus to Noah Goodson and others, County Commissioners of Liberty County. From a judgment denying the writ, relator brings error. Dismissed.
Syllabus by the Court
In mandamus, as well as in other actions at law, there must be a final judgment before writ of error will lie to review the proceedings.
An order merely denying or refusing an alternative writ of mandamus is not a final judgment. In order to constitute a final judgment the court should not only refuse the writ but proceed to pronounce judgment on the merits and dismiss the petition.
COUNSEL Adams & Rowe, of Blountstown, for plaintiff in error.
Avery & Price, of Pensacola, for defendants in error.
A petition was filed by the plaintiff in error for an alternative writ of mandamus against the defendants in error to compel them to assemble as the board of county commissioners, 'within such time as the court may deem proper, at their office at Bristol, Liberty county Fla., and grant unto your petitioner a permit to sell liquors, wines, and beer in election district No. 4, of Liberty county, Fla.,' in compliance with a petition previously filed, or to show cause why they have failed and refused to grant such permit. Upon the presentation of such petition, the court made the folowing order:
The plaintiff in error seeks to have this order reviewed by writ of error. Right at the outset we find ourselves confronted with the question as to whether or not this order is of such a nature as to constitute a final judgment so as to support a writ of error; the defendants in error contending that it is not. As we held in Carter v. Warnock, 57 Fla. 49, 49 So. 186: 'In mandamus, as well as in other actions at law, there must be a final judgment before writ of error will lie to review the proceedings.' The decided weight of authority seems to be to the effect that an order denying or refusing an alternative writ of mandamus is not a final judgment. See 26 Cyc. 503, and 1 Black on Judgments (2d Ed.) § 32, and cases cited in the notes. Where the...
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City of Miami Beach v. State ex rel. Pickin' Chicken of Lincoln Road, Inc., 60-470
...as in other actions at law, there must be a final judgment for appeal (Carter v. Warnock, 57 Fla. 49, 49 So. 186; State ex rel. Rhodes v. Goodson, 65 Fla. 475, 62 So. 481; State ex rel. Ware v. City of Miami, Fla.App.1958, 107 So.2d 385) was met by the entry of the judgment awarding or gran......
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State ex rel. Ball v. Robinson
...... dismissed the action. From this order of dismissal, the. relator brings this writ of error. . . The order. dismissing the relator's petition is a final judgment. from which writ of error will lie. State v. Croom,. 62 Fla. 284, 57 So. 420; State v. Goodson, 65 Fla. 475, 62 So. 481. . . It appears from the. record that Special Tax School District No. 53 in. Hillsborough County was properly created and organized in the. manner and form prescribed by Article XII, section 10,. Constitution of Florida. Upon the establishment of this. ......
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State v. Lay
...... therefore dismissed.". . . The. decided weight of authority, in accord with the principles. announced by our own decisions, is to the effect that an. order refusing or denying an alternative writ of mandamus is. not a final judgment. State ex rel. Rhodes v. Goodson, 65 Fla. 475, 62 So. 481. See, also, State. ex rel. Board of Commissioners of Jackson County v. McKellar, 92 Minn. 242, 99 N.W. 807. . . The. case of Bitter Root Irrigation District v. Cooney,. 67 Mont. 436, 218 P. 945, relied upon by relators, presented. a different ......
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State ex rel. Bole v. Lay, 6733.
...to the effect that an order refusing or denying an alternative writ of mandamus is not a final judgment. State ex rel. Rhodes v. Goodson, 65 Fla. 475, 62 So. 481. See, also, State ex rel. Board of Commissioners of Jackson County v. McKellar, 92 Minn. 242, 99 N. W. 807. The case of Bitter Ro......