Writ Certiorari Document With Court

Category:
State:
Florida
Control #:
FL-01998BG
Format:
Word; 
Rich Text
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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

To file a writ petition in either of the courts, a specific procedure needs to be followed: The aggrieved party has to approach a particular organization with necessary documents like identity proof, residential proof, photographs etc. Then there is the drafting of the petition with help of a lawyer.

Under Article 32, a writ petition can be filed in the Supreme Court. The Supreme Court can issue a writ only if the petitioner can prove that his Fundamental Right has been infringed.

Rule 33.1(c). The $300 docket fee and the certificate of service must accompany the petition. These items should not be sent under separate cover. The $300 docket fee may be paid by personal check, cashier's check, money order, or certified check made out to ?Clerk, U. S. Supreme Court.? Rule 38(a).

Certiorari. The literal meaning of the writ of 'Certiorari' is 'To be certified' or 'To be informed.' This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case.

?(1) Certiorari will be issued for correcting errors of jurisdiction, as when an inferior court or tribunal acts without jurisdiction or in excess of it, or fails to exercise it.

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Writ Certiorari Document With Court