In Florida, the right to appeal a ruling is limited to specific categories set by the Rules of Appellate Procedure. There are also special writs that can be sought, but they are hard to get. Recently, there have been cases where these special writs have been granted. One of these writs, called quo warranto, is used to test if someone is wrongly claiming authority from the state of Florida. It was used in a big case in 2008. The Florida Supreme Court used a writ of quo warranto to invalidate a deal between the governor of Florida and the Seminole Indian Tribe that would have allowed more casino gambling. The governor tried to challenge the decision, but the court stood by its ruling. This decision might not lead to more quo warranto petitions, though, as other courts have rejected using quo warranto in certain situations. Habeas corpus, which tests the legality of someone’s detention, has been used to address injustices in recent years. In the case of Lago v. State of Florida, the appellant appealed the denial of his request to correct an illegal sentence. He had been convicted of robbery with a firearm and unlawful possession of a firearm during the same robbery. He argued that his consecutive sentences violated his constitutional protection against double jeopardy. The trial court agreed with him but said it couldn’t grant relief because of a legal principle. The Third District disagreed and granted relief, saying it had the power and responsibility to correct the injustice. The Second District Court used its power to grant a writ of habeas corpus in a case where a person was given a life sentence and the judge made a mistake. They said it was unfair and the person should have another chance to have their sentence reconsidered. The court said they had given relief in a similar case before and it wouldn’t be fair to not do the same in this case. Even though the state argued the person had already brought up the issue, the court said it was a special situation and granted the petition for relief. This shows that the writ of habeas corpus can be used in special situations to help people when other options aren’t available. Certiorari is a legal term that means “to be more fully informed.” It’s like a safety net for the court to stop a miscarriage of justice when no other solution is available. It’s meant to be used when there is no other way to fix a mistake in a legal case. To get a writ of certiorari, there needs to be irreparable harm or no other way to fix the problem. It’s often used for things like attorney-client privilege claims and errors in the legal process. But recently, courts have been using certiorari more to prevent irreparable harm in other types of cases. In several cases, Florida appellate courts have granted writs of certiorari to quash trial court orders in class action lawsuits. The courts have considered factors such as the burden of discovery on defendants, the scope of requested documents, and whether the county court had jurisdiction over aggregated claims. In one case, the Third District quashed an order denying a motion to end a special magistrate’s services, agreeing that financial reasons can be good cause to withdraw consent for the magistrate. Overall, the use of certiorari can provide guidance to litigants in complex cases. In a case involving a nursing center, the trial court dismissed the lawsuit because the plaintiffs did not choose between two types of damages in their complaint. The plaintiff tried to challenge the dismissal, but the petition was denied. The court said that the plaintiff had to show in her complaint which type of damages she wanted. The court also said that there are limited situations where extraordinary relief, like a special appeal, can be granted. Overall, the court said that extraordinary relief is for special cases, not just a way to get around the normal rules for appeals. Sylvia H. Walbolt is a lawyer who has worked with Carlton Fields, P.A. since 1963. She has a law degree from the University of Florida.
Source: https://www.floridabar.org/the-florida-bar-journal/original-proceedings-writ-large/
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