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."
Title: Understanding the Writ of Certiorari Document with Motion Introduction: The Writ of Certiorari document with motion is a legal tool used in various legal systems to seek appellate review. This article aims to provide a detailed description of this document, explaining its purpose, characteristics, and possible types. 1. Definition and Purpose: The Writ of Certiorari is a legal document issued by a higher court, such as a supreme court, granting discretionary review of a lower court's decision. It allows the higher court to evaluate the legal issues involved, ensuring the lower court's decision complies with the law and established precedents. The accompanying motion is a formal request to the higher court seeking review. 2. Characteristics and Key Elements: — Parties Involved: The petitioner, usually the party seeking review, files the Writ motion seeking relief, while the respondent is the opposing party or parties who may oppose the motion or the decision to grant the Writ. — Discretionary Review: The higher court has the discretion to grant or deny the Writ motion, as it chooses the specific cases it wishes to review based on their importance or potential to establish precedent. — Legal Standards: The higher court reviews the decision based on legal standards rather than conducting a re-trial. — Appellate Nature: The Writ of Certiorari focuses on reviewing errors of law made by the lower court, rather than reevaluating factual findings. 3. Types of Writ of Certiorari with Motion: a. Ordinary Writ of Certiorari: This is the standard form of the Writ of Certiorari, available in most jurisdictions. It allows parties to seek review of a final judgment or order from a lower court. b. Writ of Certiorari before Judgment: In rare instances, where a case involves significant legal issues of exceptional national or public importance, parties can file a Writ of Certiorari before Judgment. This requests the higher court to review the case prior to a final decision by the lower court. c. Writ of Certiorari to the Administrative Tribunal: In some legal systems, the Writ of Certiorari is used to bring administrative decisions made by tribunals or agencies under judicial scrutiny. d. Writ of Certiorari in Criminal Cases: In criminal law, the Writ of Certiorari may be used to review lower court decisions related to criminal prosecutions, constitutional issues, or abuse of discretion. Conclusion: The Writ of Certiorari document with motion plays a crucial role in the appellate review process, allowing higher courts to review, correct, or reaffirm legal decisions made by lower courts. By understanding the purpose, characteristics, and types of the Writ of Certiorari, litigants can effectively navigate the appeals process to seek relief and ensure justice.
