First National Bank v. Gibbs

Citations

• 78 Fla. 118
• 82 So. 618

Syllabus

<p>1. The Supreme Court has power to review and quash, on the common law writ of certiorari, the proceedings of inferior tribunals when they proceed in a cause without jurisdiction, or when their procedure is essentially irregular and not according to the essential requirements of justice and law and no appeal 'or direct method of reviewing the proceedings exist.</p> <p>2. The writ of certiorari to review the proceedings of an inferior court does not issue as a matter of right, but rests in the sound discretion of the court; and, when issued, will not serve the purpose of a writ of error, or appeal with a bill of exceptions.</p> <p>S. The office of the common law writ of certiorari, when issued to review the proceedings of an inferior court, is to bring up for inspection the entire record of the proceedings of such court, in order tb|at the superior court may determine therefrom whether the inferior court acted within its jurisdictional powers, or whether its procedure was essentially regular and in accordance with the requirements of law.</p> <p>4. On writs of certiorari the ultimate adjudication is to quash the judgment complained of or to quash the writ of certiorari.</p> <p>5. In this State the writ of certiorari is used to quiash illegal judgments, not to assume and complete the adjudication ’of a cause. Ordinarily the write of certiorari may not be used to quash a judgment of an inferior court unless such judgment is a final adjudication of the cause.</p> <p>6. A judgment on writ of error reversing a judgment and remanidng the cause for further proceedings in the lower court is not a final judgment.</p>