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78 Fla. 116

Holmberg v. Toomer

Supreme Court of Florida

Decided July 14, 1919

Supreme Court of Florida · decided 1919-07-14

<p>An Application for the Exercise of Original Jurisdiction.</p>

Key passage — most relied on by later courts

““A petition for a writ of certiorari alleges in effect that in an action of assumpsit brought against the petitioners herein, the Civil Court of Record for Duval County rendered a judgment for the defendants and that on writ of error taken to the Circuit Court, the judgment was reversed and the cause remanded to the Civil Court of Record for further proceedings. A writ of certiorari is not a writ of right in all cases. See Harrison v. Frink, 75 Fla. 22 , 77 South. Rep. 663 ; Benton v. State, 74 Fla. 30 , 76 South. Rep. 314 ; Hunt v. City of Jacksonville, 34 Fla. 504 , 16 South. Rep. 398 ; Ragland v. State, 55 Fla. 157 , 46 South. Rep. 724 ; Edgerton v. Mayor Green Cove Springs, 18 Fla. 528 ; Dean v. Wilcoxson, 18 Fla. 531 ; Basnet v. City of Jacksonville, 18 Fla. 523 ; 6 Cyc. 748; 5 R. C. L. 254. “A judgment of the Circuit Court on writ of error reversing a judgment of a lower court and remanding the cause to the lower court for further proceedings, is not a final adjudication of the cause; and the Supreme Court will not issue a writ of certiorari to such a. judgment of the Circuit Court. See First National Bank v. Gibbs, decided at this term; 4 Standard Ency. Law & Pro. 892, 901. ; “Writ denied.””

quoted by 1 later decision, including Perlman v. Ryden

Relies on Hunt v. City of Jacksonville · Basnet v. City of Jacksonville · Benton v. State

Good law ✅— No negative treatment on recordhow we know

Writ denied · Decided 1919-07-14

How this case has been cited

Cited by 17 later decisions — most recently January 1959

17 state decisions

9019191920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Whitfield, J.

¶1— A petition for a writ of certiorari' alleges in effect that in. an action of assumpsit brought against the petitioners herein, the Civil Court of Record for Duval County rendered a judgment for the defendants .and that on writ of error taken’ to the Circuit Court, the judgment was reversed and .the cause remanded to the Civil Court of Record for further proceedings. A writ of certiorari is not a writ of right in all cases. See Harrison v. Frink, 75 Fla. 22, 77 South. Rep. 663; Benton v. State, 74 Fla. 30, 76 South. Rep. 314; Hunt v. City of Jacksonville, 34 Fla. 504, 16 South. Rep. 398; Ragland v. State, 55 Fla. 157, 46 South. Rep. 724; Edgerton v. Mayor Green Cove Springs, 18. Fla. 528; Dean v. Wilcoxon, 18 Fla. 531; Basnet v. City of Jacksonville, 18 Fla. 523; 6 Cyc. 748; 5 R. C. L. 254.

¶2A judgment of the Circuit Court on writ of. error reversing a judgment of a lower court and remanding the cause to the lower court for further proveedings, is not a final adjudication of the cause; and the Supreme Court will not issue a writ of certiorari to such a judgment of the Circuit Court. See First National Bank v. Gibbs, decided at this term; 4 Standard Ency. Law & Pro. 892, 901

¶3Writ denied.

Browne, C. J., and Taylor, Ellis and West, J. J., concur.
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