APPELLATE JURISDICTION

Appellate Jurisdiction

by on July 13th, 2020 in Business & Corporate Law, Criminal Defense

The Florida Rules of Appellate Procedure governs the A. More specifically, Florida Rule of Appellate Procedure 9.030 sets forth the jurisdiction of appellate courts.

The below article will review the appellate jurisdiction of the Florida Supreme Court, Florida District Court of Appeals, and Florida Circuit Courts.

Jurisdiction of the Supreme Court

Florida Rule of Appellate Procedure 9.030 sets forth three types of jurisdiction for the Florida Supreme Court.

(1) Appeal Jurisdiction.

The Supreme Court shall review, by appeal (i) final orders of courts imposing sentences of death, and (ii) decisions of district courts of appeal declaring invalid a state statute or a provision of the state constitution.

If provided by general law, the Supreme Court shall review (i) by appeal final orders entered in proceedings for the validation of bonds or certificates of indebtedness, and (ii) action of statewide agencies relating to rates or service of utilities providing electric, gas, or telephone service.

(2) Discretionary Jurisdiction.

The discretionary jurisdiction of the Supreme Court may be sought to review decisions of district courts of appeal that (i) expressly declare valid a state statute; (ii) expressly construe a provision of the state or federal constitution; (iii) expressly affect a class of constitutional or state officers; (iv) expressly and directly conflict with a decision of another district court of appeal or of the supreme court on the same question of law; (v) pass upon a question certified to be of great public importance; and (vi) are certified to be in direct conflict with decisions of other district courts of appeal.

The discretionary jurisdiction of the Supreme Court may also be sought to review orders and judgments of trial courts certified by the district court of appeal in which the appeal is pending to require immediate resolution by the supreme court, and (i) to be of great public importance, or (ii) to have a great effect on the proper administration of justice;

The discretionary jurisdiction of the Supreme Court may also be sought to review questions of law certified by the Supreme Court of the United States or a United States court of appeals that are determinative of the cause of action and for which there is no controlling precedent of the Supreme Court of Florida.

(3) Original Jurisdiction.

The Supreme Court may issue writs of prohibition to courts and all writs necessary to the complete exercise of its jurisdiction, and may issue writs of mandamus and quo warranto to state officers and state agencies. The supreme court or any justice may issue writs of habeas corpus returnable before the supreme court or any justice, a district court of appeal or any judge thereof, or any circuit judge.

Jurisdiction of the Districts Courts of Appeal

Florida Rule of Appellate Procedure 9.030 sets forth four types of jurisdiction for the District Courts of Appeal.

(1) Appeal Jurisdiction.

District courts of appeal shall review, by appeal: (a) final orders of trial courts not directly reviewable by the supreme court or a circuit court, including county court final orders declaring invalid a state statute or provision of the state constitution; (b) non-final orders of circuit courts as prescribed by Florida Rule of Appellate Procedure 9.130, and (c) administrative action if provided by general law.

(2) Certiorari Jurisdiction.

The certiorari jurisdiction of district courts of appeal may be sought to review: (a) non-final orders of lower tribunals other than as prescribed by Florida Rule of Appellate Procedure 9.130; and (b) final orders of circuit courts acting in their review capacity.

(3) Original Jurisdiction.

District courts of appeal may issue writs of mandamus, prohibition, quo warranto, and common law certiorari, and all writs necessary to the complete exercise of the courts’ jurisdiction; or any judge thereof may issue writs of habeas corpus returnable before the court or any judge thereof, or before any circuit judge within the territorial jurisdiction of the court.

(4) Discretionary Review.

District courts of appeal, in their discretion, may review by appeal (a) final orders of the county court, otherwise appealable to the circuit court under the Florida Rules of Appellate Procedure, that the county court has certified to be of great public importance; and (b) non-final orders, otherwise appealable to the circuit court under Florida Rule of Appellate Procedure 9.140(c), that the county court has certified to be of great public importance.

Jurisdiction of Circuit Courts.

Florida Rule of Appellate Procedure 9.030 sets forth four types of jurisdiction for the Circuit Courts.

(1) Appeal Jurisdiction.

The circuit courts shall review, by appeal: (a) final orders of lower tribunals as provided by general law; (b) non-final orders of lower tribunals as provided by general

law; and (c) administrative action if provided by general law.

(2) Certiorari Jurisdiction.

The certiorari jurisdiction of circuit courts may be sought to review non-final orders of lower tribunals other than as prescribed by Florida Rule of Appellate Procedure 9.130.

(3) Original Jurisdiction.

Circuit courts may issue writs of mandamus, prohibition, quo warranto, common law certiorari, and habeas corpus, and all writs necessary to the complete exercise of the courts’ jurisdiction.

Future Changes

The Governor of the State of Florida recently signed into law a bill which will divest circuit courts from jurisdiction over appeals from county court orders or judgments. Commencing on January 1, 2021, circuit courts in the State of Florida will no longer have jurisdiction over appeals from county court decisions. This means that future county appeals will be heard by the circuit court of appeals, instead of circuit courts.

Contact the Attorneys at Battaglia, Ross, Dicus & McQuaid, P.A. Today

The attorneys at Battaglia, Ross, Dicus & McQuaid, P.A. have experience handling both civil and criminal appeals. Our Lawyers also have experience handling writs of certiorari and other writs. If you are involved in an appeal or writ, or if you have questions regarding whether you have a viable appeal or writ, contact the appellate attorneys at Battaglia, Ross, Dicus & McQuaid, P.A. today. Our appellate lawyers will provide a consultation and review your case.

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