State ex rel. Reynolds v. White

40 Fla. 297
CourtSupreme Court of Florida
DecidedJune 15, 1898
StatusPublished
Cited by47 cases

This text of 40 Fla. 297 (State ex rel. Reynolds v. White) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Reynolds v. White, 40 Fla. 297 (Fla. 1898).

Opinion

Carter, J.:

1. It is insisted by the seventh ground of demurrer that the review sought by the bill filed by defendant was proper, because (a) no final decree was properly entered in the cause; (b) the decree of June 19th, 1897, was informal and imperfect, and within itself unintelligible, as it can only be read in connection with and by reference to another decree rendered in the samé cause November 25, 1893; (c) that William D. Bloxham, one of the parties to said decree, had ceased to be Comptroller of the State of Florida at the time it was entered.

A. If, as contended by defendant, the decree of June 19, 1897, is not a final one, then the bill of review filed was premature; for it is an elementary proposition that such a bill lies only to a final decree. Putnam v. Lewis, 1 Fla. 455; Owens v. Love, 9 Fla. 325; 2 Beach Mod. Eq. Pr., §852; Story’s Eq. Pldg., §408 a. If this was the only objection to the proceeding sought to be prohibited, we might well leave the relators to their remedy by appeal; but we think other grounds for prohibition exist and that the objections to this decree are without force. It is argued by defendant that a decree is final only when it fully decides and disposes of the whole merits of a cause and reserves no further questions or directions for the future judgment of the court; but counsel fail to point out any matter in issue not disposed of by this decree, and there certainly is no reservation .therein of any question for the future judgment of the court. It is said that the-decree is a repetition and recital of the mandate of this court upon the first appeal, reversing certain features of the former decree of November 25, 1893, and leaving the case exactly where it was before that decree was rendered. We do not so construe it. It makes a final disposition of the [312]*312•supplemental bill in the nature of a bill of review; adjudges the entire costs of suit against defendant, reverses those features of the decree of November 25, 1893, which held that the lines of railroad from Wild-wood to Plant City, and from Plant City to Tampa, were subject to taxation, and grants a perpetual injunction against the enforcement of assessments on those lines,' as well as another named. It also reverses that portion of the former decree which held the statute to be unconstitutional under which the assessments were made, and also certain features of the former decree which held that the several lines of railroad sought to be subjected to the payment of taxes were not assessable against the Florida Railway & Navigation Company for 1879, 1880 and 1881, and which enjoined the collection of taxes for those years. It affirms so much of the former decree as held the lines of railroad therein described subject to taxation for certain years named; which refused an injunction against the collection thereof, and which refused to direct a return of taxes collected from the Florida Railway & Navigation Corn-pan}'-. It seems to us that this decree finally disposes of every question involved in the case. It certainly leaves nothing open for future decision, nor does it contemplate that any further action is to be had in the cause, other than to enforce the decree rendered. It was wholly unnecessary for the Circuit Court to “reverse” or “affirm” any portion of its former decree, as the judgment and mandate of this court, upon the appeal therefrom, operated directly upon thát decree without the intervention of any action of the Circuit Court. Merritt v. Jenkins, 17 Fla. 593. While there may be some technical objections to the form of the decree of June 19, 1897, it is, when construed in connection with [313]*313the pleadings, the former decree and the mandate from this court, a definite and intelligible final decree.

B. The decree of November 25, 1893, referred to in the decree of June 19, 1897, was a matter of record in the same suit, and the maxim id certum est ,quod certum reddi potest will sustain a decree in equity which refers to record data'for determining what is otherwise uncertain on the face of the decree. 5 Ency. Pl. & Pr., p. 1067, and authorities cited; Shepard v. Kelly, 2 Fla. 634.

C. If there is any merit in the contention that a defect of parties existed at the time of the rendition of the decree of June 19, 1897, because Governor Bloxham had ceased to be Comptroller, it is difficult to perceive the ground upon which such defect can avail the defendant in this proceeding or become the basis of a bill of review. Governor Bloxham had not ceased to be a party to the suit, although his official capacity had ceased. The decree was entered in his name as Comptroller, but afterwards, and before the bill of review was filed. Comptroller Reynolds, upon defendant’s application “for an order to substitute William H. Reynolds, Comptroller, in place of William D. Bloxham, late Comptroller,” was “made party defendant in place of William D. Bloxham, late Comptroller and defendant herein.” It may have been irregular to thus substitute one party for another in a final decree, but it was done upon defendant’s application and by its consent, and it has no ground to complain that the error, if any, in the final decree for want of proper parties was corrected upon its own application before its bill of review was filed.

II. A. The first, second, fourth and fifth grounds of demurrer will be considered together. Upon the appeal from the decree of November 25, 1893, this court [314]*314considered and decided every question involved in the case at that time, and left nothing open for the decision of the Circuit Court. The Circuit Court, instead of obeying the mandate issued upon the judgment of this court, granted defendant leave to file a supplemental bill in the nature of a bill of review, and entertained jurisdiction of the bill filed in accordance with sueh leave. Upon appeal from an order overruling a demurrer to that bill, this court held that where an appellate court affirms a decree of the Circuit Court, or when such a decree is modified on appeal, either as to questions of law or fact necessarily involved, with directions for further proceedings consistent with the opinion, the Circuit Court has no authority to open the case for a new trial or to enter any other judgment than that directed to be entered, unless authority to do so is expressly given by the appellate court; that when the appellate court has examined the record of a cause, and affirmed the decree appealed from, or has modified or reversed such decree, with directions as to the decree to be entered, whether the decision was on questions of law or fact, it is not the province of the court a quo to allow further proceedings, but -the judgment and mandate of the appellate court must be obeyed. Bloxham v. Florida Central & Peninsular Railway Co., 39 Fla. 243, 22 South. Rep. 697. This holding is not only in accordance with our Constitution and statutes, but it inevitably results from the inherent nature of courts of error and trial courts. The Supreme Court of this State is the final arbiter of all questions of law and fact properly presented to it by appeals from other courts. The superior authority of its judgments depends upon the jurisdiction of the court to render them, and not upon the question as to whether they are right or wrong. There is and can be no authority in an inferior court to correct [315]*315mistakes made by this court in its conclusions of fact; or its interpretation of the law. An appeal to a superior court to correct errors committed by an inferior one can not be followed by proceedings in the inferior to correct errors committed by the superior.

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Bluebook (online)
40 Fla. 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-reynolds-v-white-fla-1898.