# South Atlantic Steamship Co. of Delaware v. Tutson

> Supreme Court of Florida · July 21, 1939 · 139 Fla. 405

URL: https://www.frixlaw.com/law-library/cases/3398422

## Case

- **Full name:** South Atlantic Steamship Company of Delaware v. Sumpter Tutson and Katie May Tutson.
- **Court:** Supreme Court of Florida
- **Decided:** July 21, 1939
- **Citations:** 139 Fla. 405; 190 So. 675; 1939 Fla. LEXIS 1681
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Whitfield, Terrell, Brown, Chapman, Thomas
- **Cited by:** 42 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3398422

## How later opinions describe it (automated extraction)

- recognizing the discretionary nature of certiorari review

## Opinion text

Brown, J.
(concurring specially).' — Even if it should be conceded that Section 5 of Article V defines and also limits the appellate jurisdiction of the Supreme Court, the statutory provision allowing appeals to this Court from the judgments of the Circuit Court reviewing awards made by the Florida Industrial Commission could be sustained as pointed out by Mr. Justice Whitfield upon the very reasonable theory that no “case” within the meaning of the Constitution came into existence until the award reached the circuit court for review. There, as a “case,” it originated in the circuit court. The meaning of this word, as used in the Constitution, is set for the First National Bank v. Bebinger, cited in the foregoing opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3398422. Public record. Not legal advice.