Florida Statute 79.10 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 79
HABEAS CORPUS

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79.10 Effect of judgment.—The judgment is conclusive until reversed and no person remanded by the judgment while it continues in force shall be at liberty to obtain another habeas corpus for the same cause or by any other proceeding bring the same matter again in question except by an appeal or by action of false imprisonment; nor shall any person who is discharged from confinement by the judgment be afterward confined or imprisoned for the same cause except by order of a court of competent jurisdiction.

History.—s. 9, Sept. 16, 1822; s. 9, ch. 3129, 1879; RS 1779; GS 2256; RGS 3579; CGL 5443; s. 29, ch. 67-254.

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Amendments to 79.10

Annotations, Discussions, Cases:

Cases Citing Statute 79.10

Total Results: 6 | Sort by: Relevance | Newest First

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State Ex Rel. Scaldeferri v. Sandstrom, 285 So. 2d 409 (Fla. 1973).

Cited 13 times | Published | Supreme Court of Florida

...Inasmuch as the district court proceeding was a "judgment" by virtue of its dismissal on the merits (albeit without prejudice to proceed in the circuit court), it follows that the form of the petition filed here as a second petition for "habeas corpus" cannot be entertained as such in light of Fla. Stat. § 79.10, F.S.A., and State ex rel....

...as here) of bail under CrPR 3.130(f) before the same circuit judge (rather than by habeas corpus allowing it to fall before a different circuit judge) in order to leave open the habeas corpus petition as a vehicle for review in the appellate court. § 79.10....

...Upon careful consideration of the record and applicable legal principles we find that a reduction of bail is proper and do hereby reduce bail for petitioner to $50,000.00. It is so ordered. CARLTON, C.J., and ROBERTS, ERVIN and McCAIN, JJ., concur. NOTES [1] Fla. Const. art. V, §§ 3, 4 and 5, F.S.A. [2] Fla. Stat. § 79.10, F.S.A.; State v....

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Buss v. Reichman, 53 So. 3d 339 (Fla. 4th DCA 2011).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 46, 2011 WL 92956

issues.” Moat v. Mayo, 82 So.2d 591 (Fla.1955); § 79.10, Fla. Stat. (1951); see also Scaldeferri, 285 So

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State ex rel. Miller v. Kelly, 88 So. 2d 118 (Fla. 1956).

Cited 1 times | Published | Supreme Court of Florida | 1956 Fla. LEXIS 3763

which involved the same question or cause. Section 79.10, F.S.19SS, F.S.A., provides a judgment in habeas

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Moat v. Mayo, 82 So. 2d 591 (Fla. 1955).

Published | Supreme Court of Florida

the same' cause on the same facts and issues. Section 79.10, F.S.1951, F.S.A.; Pope v. Mayo, Fla.1949, 39

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Graziano v. State, 305 So. 2d 867 (Fla. Dist. Ct. App. 1975).

Published | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14798

cause, being still in force, was res judicata. See § 79.10 Fla.Stat, F.S.A.; State ex rel. Miller v. Kelly

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Powers v. Schwartz, 357 So. 2d 764 (Fla. Dist. Ct. App. 1978).

Published | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15769

supplemental petition for writ of habeas corpus and Section 79.10, Florida Statutes (1977), enjoins this second

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