Opinion

State ex rel. Martin v. Board of County Commissioners

  • 80 Fla. 332
Court
Supreme Court of Florida
Filed
Jul 27, 1920
Status
Published
On the bench
Browne, Ellis, Taylor, West, Whitfield
Cited by
1 cases
Authority
More cited than 58.3%

The opinion

Per Curiam.

An appeal was taken from an order dismissing an alternative writ of mandamus.

The statute provides that “all proceedings' to procure review by an appellate court of the proceedings of a lower court in cases at law shall be by writ of error, except in cases where certiorari or prohibition shall lie, or where it shall be otherwise expressly provided.” Sec. 1690 Gen. Stats. 1906, Compiled Laws, 1914. -

Mandamus is a proceeding at,,law, and there, is no express provision that a review thereof by an appellate court may be had except by writ of error, or perhaps in exceptional cases by certiorari.

The entry of an appeal is not authorized by law and does not give the appellate court jurisdiction of the subject matter in mandamus proceedings, though the oppos *333 ing parties have appeared; and' as it does not appear that a writ of error was duly issued in the cause, the appeal and the cause are dismissed.

Browne, O. J. and Taylor, Whitfield, Ellis and West, J. J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.