Appellate
How to Use a Petition for Writ of Prohibition
Extraordinary writs are a form of relief that appellate courts have discretion to issue in certain circumstances. The power to issue extraordinary writs comes from Article V, section 4(b)(3) of the Florida Constitution, with limitations on how the Florida Supreme Court can apply such writs in certain cases. In civil matters, district courts of appeal […]
Interlocutory Appeals of Orders Allowing/Denying Claims for Punitive Damages
As of April 1, 2022, appeals from interlocutory orders that allow or disallow claims for punitive damages have been authorized by the Florida Supreme Court. In re Amend. to Fla. Rule App. Proc. 9.130, 345 So. 3d 725 (Fla. 2022). That is, appeals of such orders are now explicitly authorized by Florida Rule of Appellate […]
How to Use a Petition for Writ of Mandamus
Extraordinary writs are a form of relief that appellate courts have discretion to issue in certain circumstances. The power to issue extraordinary writs comes from Article V, section 4(b)(3) of the Florida Constitution. In civil matters, district courts of appeal may issue writs of mandamus, certiorari, prohibition, quo warranto, and all other writs necessary to […]
How to Use a Petition for Writ of Certiorari
Extraordinary writs are a form of relief that appellate courts have discretion to issue in certain circumstances. Writs of Certiorari are one kind of extraordinary writ. Certiorari is latin for “to be more fully informed”. See Black’s Law Dictionary (11th ed. 2019). Writs of certiorari are used to seek appellate review of lower tribunal decisions […]
Understanding Non-Final Orders and Appealing Before your Case is Over
Nonfinal orders are referred to as “interlocutory” orders. Article V, § 4(b)(1) of the Florida Constitution states that district courts of appeal “may review interlocutory orders in such cases to the extent provided by rules adopted by the supreme court.” The Florida Supreme Court has adopted Florida Rule of Appellate Procedure 9.130 to bestow upon […]
What is a Final Order and How it Affects Your Appeal in Florida
Intro to Appealable Orders An order rendered by a lower court is appealable if it is a final order, a non-final order appealable under Florida Rule of Appellate Procedure 9.130, or if it is appealable by what are called extraordinary writs. You may be wondering what is a final order. In this article we discuss […]