Supreme Court of Florida, 1919

Holmberg v. Toomer

Supreme Court of Florida · Decided July 14, 1919 · Browne, Ellis, Taylor, West, Whitfield

78 Fla. 116; 82 So. 620; 1919 Fla. LEXIS 421

Cases that cite this one

15 later published cases cite this decision.

State v. Katz (Fla. Dist. Ct. App. 1959)
The City of Miami v. Payne (Fla. 1943)
Robinson v. the City of Miami (Fla. 1939)
Perlman v. Ryden (Fla. 1938)
Bringley v. C. I. T. Corporation (Fla. 1935)
Grodin v. Railway Express Agency (Fla. 1934)
Kilgore v. Larry Dimmitt, Inc. (Fla. 1934)
American Railway Express Co. v. Weatherford (Fla. 1924)
Coe-Mortimer Co. v. State (Fla. 1921)
The Seven Seas, Inc. v. Buckholtz (Fla. 1935)
State Ex Rel. Buckwalter v. City of Lakeland (Fla. 1933)
Postal Telegraph-Cable Co. v. Broome (Fla. 1930)
Brinson v. Tharin (Fla. 1930)
Waddell v. McAllister (Fla. 1929)
Kroier v. Kroier (Fla. 1928)

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

Whitfield, J.

— 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.

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 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

Writ denied.

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

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