Skip to main content
It looks like you're using Internet Explorer 11 or older. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. If you continue with this browser, you may see unexpected results.

Florida Appellate Practice: Florida Supreme Court

This guides provides resources on Florida Appellate Practice. #floridasupremecourt

Supreme Court

Article V §3(b) of the Florida Constitution creates and defines the jurisdiction of the Florida Supreme Court. This section of the Constitution was revised extensively in 1980 to restrict the jurisdiction of the supreme court to certain narrowly defined classes of appellate proceedings. In most cases, the district courts of appeal with serve as courts of the last resort. 
Philip J. PadovanoFlorida Appellate Practice, v. 2,  §3:1 (2015 Edition)

Florida Statutes

Jurisdiction of Courts Rule 9.030

Florida Rules Of Appellate Procedure

(a) Jurisdiction of Supreme Court.

(1) Appeal Jurisdiction.

(A) The supreme court shall review, by appeal

(i) final orders of courts imposing sentences of death;1

(ii) decisions of district courts of appeal declaring invalid a state statute or a provision of the state constitution.2

(B) 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;3

(ii) action of statewide agencies relating to rates or service of utilities providing electric, gas, or telephone service.4

(2) Discretionary Jurisdiction. The discretionary jurisdiction of the supreme court may be sought to review

(A) decisions of district courts of appeal that5 March 23, 2017 Florida Rules of Appellate Procedure 14 The Florida Bar

(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;

(vi) are certified to be in direct conflict with decisions of other district courts of appeal;

(B) 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, and6

(i) to be of great public importance, or

(ii) to have a great effect on the proper administration of justice;

(C) 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.7

(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.8 

 

Creative Commons License
This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.