# State ex rel. Martin v. Board of County Commissioners

> Supreme Court of Florida · July 27, 1920 · 80 Fla. 332

URL: https://www.frixlaw.com/law-library/cases/4920308

## Case

- **Full name:** The State of Florida ex rel. E. P. Martin, in Error v. Board of County Commissioners of Hillsborough County, Florida, in Error
- **Court:** Supreme Court of Florida
- **Decided:** July 27, 1920
- **Citations:** 80 Fla. 332
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Browne, Ellis, Taylor, West, Whitfield
- **Cited by:** 1 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/4920308

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4920308. Public record. Not legal advice.