State v. Robinson, 40027
| Decision Date | 12 July 1961 |
| Docket Number | No. 40027,40027 |
| Citation | 132 So.2d 156 |
| Parties | STATE of Florida, Petitioner, v. Adonis ROBINSON, Respondent. |
| Court | Florida Supreme Court |
Richard W. Ervin, Atty. Gen., and Edward S. Jaffry, Asst. Atty. Gen., for petitioner.
Thomas V. Kiernan, St. Petersburg, for respondent.
The State seeks review of a decision of the District Court of Appeal, Second District, 1 under the authority of Article V, Section 4, of the Constitution of the State of Florida, F.S.A., providing that this Court may review by certiorari any decision of a district court of appeal which affects a class of constitutional or state officers. We hold the subject decision of the District Court falls in the designated category affecting as it did the jurisdiction and duties of all justices of the peace of this state and that we have jurisdiction in this cause.
We have carefully examined the decision of the District Court of Appeal and we are of the view that the decision, with two exceptions which we shall discuss, is correct and should be approved.
Reference is made in the decision to Section 37.22, Florida Statutes 1959, F.S.A. and to Florida Appellate Rule 2.1, subd. a(4)(i), 31 F.S.A.
The inclusion of justices of the peace within the purview of the rule as presently in effect was improvident for the reason that, under the Constitution of this State, 2 there is but one justice of the peace for each justice of the peace court. This is not necessarily true as to other courts of this state or to the other courts referred to in the rule. For instance, there may be more than one judge of a small claims court, a juvenile court or a traffic court. The purpose of the first sentence of the rule was to provide that, in those courts having more than one judge, any judge available and qualified to act was authorized to do so without designation by the chief justice of this Court. The use of the words 'justice of the peace' therefore in this connection was obviously erroneous and should be treated as surplusage.
It has been the uniform policy of this Court, since the effective date of present Article V of the Constitution, in all cases where a justice of the peace was unable to act because of absence, sickness, disqualification or other disability to designate some other justice of the peace or other qualified judge to act for him pursuant to the provisions of Article V, Section 2, of the Florida Constitution which authorizes the Chief Justice of this Court, in accordance with its rules, to assign 'judges of other courts, except municipal courts, to judicial service in any court of the same or lesser jurisdiction.' In order, however, to clear up this ambiguity in the rules and to clarify the question, the Court has simultaneously with the adoption of this opinion amended the aforesaid rule to read as follows, to wit:
'(i) When the judge of any small claims court, juvenile court or traffic court is unable to perform the duties of his office because of absence, sickness, disqualification or other cause or when necessary for the prompt dispatch of the business of said court, the said judge or the clerk of said court shall advise the Chief Justice who may assign any judge (except Supreme Court Justices, District Court judges or circuit judges) of any other court of the same or greater jurisdiction to perform the duties of said judge for such time as the Chief Justice may direct; provided, however, that if there be more than one judge of a small claims court, juvenile court or traffic court available and qualified, he shall perform the duties of the disabled or disqualified judge.
'Nothing herein contained shall be deemed to affect any provision of the statutes in this state in effect on July 1, 1957 which in event of disqualification, absence, sickness or disability of the judge of a separate juvenile court or a county judge who is also judge of juvenile court in his county, authorize the substitution of county judges and circuit judges for judges of separate juvenile courts, and the substitution of circuit judges for county judges in those counties where there is no separate juvenile court and the county judge is the juvenile court judge.
'When any justice of the peace of this state is unable to perform the duties of his office because of...
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Craig v. State, 34101
...v. Florida Real Estate Commission, 125 So.2d 567 (Fla.1961); Jaworski v. City of Opa-Locka, 149 So.2d 33 (Fla.1963); State v. Robinson, 132 So.2d 156 (Fla.1961); and City of Miami v. Murphy, 137 So.2d 825 But aside from the procedural aspects of this case, it is fundamentally necessary in o......
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...invade the legislature's province of internal procedural rulemaking. See, e.g., State v. Garcia, 229 So.2d 236 (Fla.1969); State v. Robinson, 132 So.2d 156 (Fla.1961); Hay v. Isetts, 98 Fla. 1026, 125 So. 237 (1929). A member of the legislature can raise a point of order regarding a violati......
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...App.Fla.1969).2 Fla.Const. art. V, § 4(2), F.S.A. See Florida State Board of Health v. Lewis, 149 So.2d 41 (Fla.1963), and State v. Robinson, 132 So.2d 156 (Fla.1961).3 After disqualifying himself the Director attempted to act by issuing a 'Notice of Hearing.' A Rule Nisi in Prohibition was......
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Tyson v. Lanier, 32080
...on the theory that the decision affects a class of constitutional officers, that is to say, tax assessors, it is clear. In State v. Robinson, Fla.1961, 132 So.2d 156, we had a case similar to this in that it involved a single justice of the peace. The taxing officers of Osceola County are p......