Supreme Court of Florida, 1909

State ex rel. McKinnon v. Wolfe

Supreme Court of Florida · Decided June 15, 1909

58 Fla. 523

Cases that cite this one

12 later published cases cite this decision.

City of Deland v. State Ex Rel. Watts (Fla. Dist. Ct. App. 1982)
G & J Investment Corp. v. Smith (Fla. Dist. Ct. App. 1981)
State Ex Rel. Taylor v. Gray (Fla. 1946)
State Ex Rel. McGregor v. Hawkins (Fla. 1939)
State Ex Rel. Goethe v. Parks (Fla. 1938)
State Ex Rel. Long v. Carey (Fla. 1935)
State Ex Rel. Simmons v. Harris (Fla. 1935)
State Ex Rel. Boulevard Mortgage Co. v. Thompson (Fla. 1933)
Andersen v. State Ex Rel. Stirk (Fla. 1932)
State Ex Rel. Trustee Realty Co. v. Atkinson (Fla. 1929)
Crump v. Branning (Fla. 1917)
Williams v. Capehart (Fla. 1911)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

An alternative writ of mandamus was issued in this cause requiring the Circuit Judge to show cause why he does not enter a judgment in a civil action different from the judgment actually entered.

A motion is made to quash the alternative writ upon the ground that the judgment defendant is not a party to this proceeding.

*524Where it appears that substantial interests of third parties not before the court are involved, mandamus will not be awarded. See State ex rel. v. Trustees I. I. Fund, 20 Fla. 402; State ex rel. Sunday v. Richards, 50 Fla. 284, 39 South. Rep. 152.

Mandamus lies to compel a court to exercise its lawful jurisdiction when it refuses to do so; but mandamus will not be awarded to correct alleged errors in rendering a judgment where there is an adequate remedy by writ of error. See State ex rel. Matheson v. King, 32 Fla. 416, 13 South. Rep. 891; State ex rel. Hart v. Call, 41 Fla. 442, 26 South. Rep. 1014.

Upon consideration it appears to the court that the party against whom the judgment is asked is not before this court, and that an appropriate remedy may be afforded all parties by writ of error to the judgment complained of, therefore mandamus should not be awarded.

An order will be entered dismissing the alternative writ of mandamus issued herein.

All concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.