State ex rel. Vance v. Wellman

District Court of Appeal of Florida

State ex rel. Vance v. Wellman

222 So. 2d 449, 1969 Fla. App. LEXIS 5826

CourtDistrict Court of Appeal of Florida

DecidedMay 5, 1969

DocketNo. 69-242

StatusPublished

Cited by5 cases

This text of 222 So. 2d 449 (State ex rel. Vance v. Wellman) is published on Counsel Stack Legal Research, covering District Court of Appeal 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. Vance v. Wellman, 222 So. 2d 449, 1969 Fla. App. LEXIS 5826 (Fla. Ct. App. 1969).

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Opinion

MANN, Judge.

Article V, § 5(3) of our Constitution, F.S.A. provides that a District Court of Appeal may issue the writ of quo warranto sought in this original proceeding. Section 6(3) grants the same jurisdiction to the circuit courts. The philosophy underlying the judiciary article vouchsafes to every litigant two days in court and if the matter were initially heard in the circuit court it would be reviewable here or, in a limited category of circumstances, in the Supreme Court. Orderly procedure dictates that we respect that philosophy and that petitions for extraordinary writs be heard first in the circuit court unless there is some compelling reason for invoking the original jurisdiction of an appellate court. See State ex rel. Clark v. Klingensmith, 1936, 126 Fla. 124, 170 So. 616, in which there were factual issues to be tried, which may not be the case here, but which appears to us to be immaterial. We cannot transfer the case because the jurisdiction invoked is original and not appellate, State ex rel. Winton v. Town of Davie, Fla.1961, 127 So.2d 671. Accordingly we dismiss the information in the nature of quo warranto on our own motion without prejudice to the right of relators to proceed in the appropriate circuit court.

LILES, C. J., and McNULTY, J., concur.

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MANN, Judge.

Article V, § 5(3) of our Constitution, F.S.A. provides that a District Court of Appeal may issue the writ of quo warranto sought in this original proceeding. Section 6(3) grants the same jurisdiction to the circuit courts. The philosophy underlying the judiciary article vouchsafes to every litigant two days in court and if the matter were initially heard in the circuit court it would be reviewable here or, in a limited category of circumstances, in the Supreme Court. Orderly procedure dictates that we respect that philosophy and that petitions for extraordinary writs be heard first in the circuit court unless there is some compelling reason for invoking the original jurisdiction of an appellate court. See State ex rel. Clark v. Klingensmith, 1936, 126 Fla. 124, 170 So. 616, in which there were factual issues to be tried, which may not be the case here, but which appears to us to be immaterial. We cannot transfer the case because the jurisdiction invoked is original and not appellate, State ex rel. Winton v. Town of Davie, Fla.1961, 127 So.2d 671. Accordingly we dismiss the information in the nature of quo warranto on our own motion without prejudice to the right of relators to proceed in the appropriate circuit court.

LILES, C. J., and McNULTY, J., concur.

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Bluebook (online)

222 So. 2d 449, 1969 Fla. App. LEXIS 5826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-vance-v-wellman-fladistctapp-1969.

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