Florida Motor Vehicles Code Section 322.31
Drivers' Licenses
Right of Review
"Final orders and rulings of the department wherein any person is denied a license, or where such license has been canceled, suspended, or revoked, shall be reviewable in the manner and within the time provided by the Florida Rules of Appellate Procedure only by a writ of certiorari issued by the circuit court in the county wherein such person shall reside, in the manner prescribed by the Florida Rules of Appellate Procedure, any provision in chapter 120 to the contrary notwithstanding."
Certiorari is a legal form that allows a higher court to review a decision made by a lower court. This form is commonly used in the United States judicial system to determine if the lower court's decision was made correctly based on the law. Here are two key points regarding Certiorari forms: 1. Purpose and Process: Certiorari is a Latin term meaning "to be informed" or "to be made certain." It provides an avenue for parties dissatisfied with a lower court's ruling to seek appellate review by a higher court. The Supreme Court of the United States primarily grants writs of certiorari to decide cases of national importance, resolve circuit splits, or address significant legal questions. Parties seeking Certiorari must file a formal written request, known as a Cert Petition, explaining why the case should be reviewed. The Supreme Court then decides whether to grant or deny Certiorari based on various factors, including the merits of the case, potential legal implications, and sometimes a vote by the Justices. 2. Types of Certiorari Forms: While Certiorari primarily refers to this general review process, there are some variations or specific types of certiorari forms, including: a) Writ of Certiorari Before Judgment: This type of Certiorari allows the higher court to review a case before it has been fully adjudicated at the lower court level. This typically occurs when there is a pressing need to resolve an issue quickly or when constitutional rights are at stake. b) Writ of Certiorari for Limited Review: Sometimes a party may request Certiorari for limited review, which means the higher court agrees to review only specific aspects or issues of a case, rather than the entire decision rendered by the lower court. This is usually done to address a particular legal question or dispute rather than a complete reconsideration of the case. Overall, Certiorari forms serve as vital instruments in the appellate process, affording a mechanism for parties seeking a second review of a lower court's judgment. By filing a Certiorari form, parties can present their arguments and evidence to a higher court, aiming for a just and fair resolution based on the interpretation and application of the law.
