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Florida Writ of Certiorari and Appeal of License Suspension

Florida Appeal Of Summary Judgment

Q: What is the new rule for summary judgment in Florida?

Florida&#039;s new summary judgment standard requires the evidence on the issue of fact be probative enough that a reasonable jury could find in favor of the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986).

Category:

Licenses - Driver

State:

Florida

Control #:

FL-01998BG

Format:

Instant download

Description

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."

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FAQ

Appeals can be filed to the Supreme court by filing a petition with the court which enacted the decree, upon which the petition would be heard and disposed of within a period of sixty days. Petitions submitted for this purpose must state the grounds of appeal.

So, it is clear that as long as there is no substantive difference between the order granting summary judgment and the final judgment, in both the First and the Third District Courts of Appeal, motions for rehearing directed toward the orders granting summary judgment will toll the time to appeal.

Florida's new summary judgment standard requires the evidence on the issue of fact be probative enough that a reasonable jury could find in favor of the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986).

Most appeals are started by filing a Notice of Appeal with the Clerk of the lower court or administrative agency within the time limits specified by the Florida Rules of Appellate Procedure (usually 30 days). You must also pay the necessary filing fees which are established by the State of Florida.

Step 1: File the Notice of Appeal. Step 2: Pay the filing fee. Step 3: Determine if/when additional information must be provided to the appeals court as part of opening your case. Step 4: Order the trial transcripts.

Florida Appeal Of Summary Judgment

Description

Viewed forms

How to fill out Florida Writ Of Certiorari And Appeal Of License Suspension?

Form popularity

FAQ

What is the procedure of appeal?

Can you appeal summary judgment in Florida?

What is the new rule for summary judgment in Florida?

How do I appeal a Judgement in Florida?

What are the 4 steps in the appeal process?

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Florida Appeal Of Summary Judgment

Description

Viewed forms

How to fill out Florida Writ Of Certiorari And Appeal Of License Suspension?

Form popularity

FAQ

What is the procedure of appeal?

Can you appeal summary judgment in Florida?

What is the new rule for summary judgment in Florida?

How do I appeal a Judgement in Florida?

What are the 4 steps in the appeal process?

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