Legal Opinion

State Ex Rel. Clifton v. City of Daytona Beach

Supreme Court of Florida

Decided April 2, 1934PublishedCited by 3 opinions

1Opinion of the CourtDavis, C. J.

— In this case the writ of error should be dismissed for the following reasons: (1) An order quash ing an alternative writ of mandamus is interlocutory and not final in character. Such an order consequently does not support a writ of error, which lies only to a proper final judgment in a mandamus case. Such a final judgment would be one of dismissal of the proceeding predicated upon the Court’s order granting the motion to quash the alternative writ. But until the proceeding is finally dismissed and the respondents discharged there is no final judgment, even though the original alternative…

2Cited by3 opinions

  1. State ex rel. Mott v. ScofieldDistrict Court of Appeal of Florida · 1960
  2. State ex rel. Ware v. City of MiamiDistrict Court of Appeal of Florida · 1958
  3. State Ex Rel. Clifton v. City of Daytona BeachSupreme Court of Florida · 1935

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