The Misapplication Theory of Express and Direct Conflict Jurisdiction: The Florida Supreme Court Expands its View of its Powers

The Florida Supreme Court can only hear certain types of cases. In some of those cases, it has to hear them, while in others, it can choose whether to hear them or not. This article talks about when the court can choose to review decisions from lower courts that conflict with previous decisions. It doesn’t talk about when the lower court asks the Supreme Court to review a decision. Since 1956, the Florida Supreme Court has had the power to review decisions made by the district courts of appeal. In the 1970s, the Supreme Court started to accept more cases for review, especially when the district courts misapplied legal precedents. This allowed the Supreme Court to correct any errors in the lower court decisions. After 1980, the Florida Constitution limited the cases the Florida Supreme Court could review. The court could only review decisions that directly conflicted with another court’s decision. But, it’s not always clear when a conflict is direct and expressed. The court has sometimes found conflict when a lower court misapplied the rules set by the Florida Supreme Court. Some judges have disagreed with this expanded jurisdiction. In the past, there has been disagreement among justices about when the Florida Supreme Court should take jurisdiction over cases. Some believe that there should be a conflict in factual scenarios, while others argue that conflict can be based on a review of the law. Right now, it looks like a majority of the justices are leaning towards taking jurisdiction based on the law, rather than just the facts of the case. For lawyers, this means they need to be aware of what kinds of cases the Supreme Court is likely to take, and how that might affect their deadlines for filing appeals. In criminal cases, not seeking review from the Supreme Court can impact the ability to appeal to federal courts later on. So, it’s important for attorneys to consider seeking Supreme Court review in cases where there may be a misapplication of the law. It’s important to understand the outer reaches of the Florida Supreme Court’s discretionary jurisdiction when handling appeals in Florida. This jurisdiction is outlined in the Florida Constitution, and it’s important to be familiar with the rules and history surrounding it. There have been several cases that have helped define this jurisdiction, and it’s crucial to be aware of these precedents. Understanding this jurisdiction is essential for success in appellate practice in Florida. This is an article about how cases are handled in Florida courts. It includes references to specific legal cases, court procedures, and the background of a lawyer named Nancy Ryan. She has been working as a lawyer for 21 years and has argued appeals for the Public Defender’s Office in Florida’s Seventh Judicial Circuit.
The article is submitted on behalf of a section of lawyers who focus on appeals. The section aims to promote principles of duty and service to the public, improve the administration of justice, and advance the science of jurisprudence.

Source: https://www.floridabar.org/the-florida-bar-journal/the-misapplication-theory-of-express-and-direct-conflict-jurisdiction-the-florida-supreme-court-expands-its-view-of-its-powers/