Walker v. Young
| Decision Date | 17 January 1927 |
| Parties | WALKER v. YOUNG et al. |
| Court | Florida Supreme Court |
Suit by Eli C. Walker against Robert H. Young and others to quiet title. From an order denying a motion to vacate an order granting a rehearing, complainant appeals.
Affirmed.
Syllabus by the Court
Circuit judge may not, without appellate court's leave, vacate or set aside order affirmed by appellate court. A circuit judge has no power, without leave of the appellate court to vacate and set aside as void an order that has been affirmed by the appellate court.
Appeal from Circuit Court, St. Lucie County; C. E. Chillingworth, judge.
Wideman & Wideman and J. Field Wardlaw, all of West Palm Beach, for appellant.
L. R. Baker, John Ziegler, and Winters & Foskett, all of West Palm Beach, for appellees.
A final decree for complainant in a suit to quiet title was rendered April 28, 1923. A rehearing was granted November 9, 1923, and such order was affirmed by this court October 25, 1924. Walker v. Young, 88 Fla. 298, 102 So. 14.
On April 6, 1925, the complainant filed a motion to vacate, set aside, and declare null and void, the order of November 9, 1923, that had been affirmed by this court.
On April 17, 1925, the circuit judge overruled the motion to vacate the order granting a rehearing. Complainant appealed from the order denying the motion to vacate the order granting a rehearing.
The circuit judge had no power without leave of this court to vacate and set aside as void an order that had been affirmed by this court. See 4 C.J. 1223; Lamb v. State (Fla.) 107 So. 535; State ex rel. Reynolds v. White, 40 Fla. 297, 24 So. 160.
The order appealed from is affirmed.
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...granted, giving permission to so proceed in the trial court. Bloxham v. Florida Cent. & P. R. Co., 39 Fla. 243, 22 So. 697; Walker v. Young, 93 Fla. 29, 111 So. 516; Baskin v. Klemm, 118 Fla. 657, 160 So. 509; Vining v. American Bakeries Co., 121 Fla. 122, 163 So. 519; State ex rel. Gibbs v......
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... ... set aside as void an order that has been affirmed by the ... appellate court. See State v. White, 40 Fla. 297, 24 ... So. 160; Walker v. Young et al., 93 Fla. 29, 111 So ... 516; State ex rel. Dowling et al. v. Parks, 99 Fla ... 1264, 128 So. 837. It therefore follows that a ... ...
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