State ex rel. Martin v. Board of County Commissioners

Supreme Court of Florida
State ex rel. Martin v. Board of County Commissioners, 80 Fla. 332 (Fla. 1920)
Browne, Ellis, Taylor, West, Whitfield

State ex rel. Martin v. Board of County Commissioners

Opinion of the Court

Per Curiam.

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

The statute provides that β€œall 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*333ing 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.

Reference

Full Case Name
The State of Florida ex rel. E. P. Martin, in Error v. Board of County Commissioners of Hillsborough County, Florida, in Error
Cited By
1 case
Status
Published
Syllabus
Mandamus proceedings in .the. Circuit Cou.rt may be reviewed by the Supreme Court on a writ of error, but not on an appeal..