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."
A writ of certiorari form is a legal document that is used to request the Supreme Court of the United States to review a lower court's decision. This form is filed by parties who believe that their case raises significant legal questions or involves a significant constitutional issue that needs to be resolved. The writ of certiorari form typically includes the following information: 1. Party Information: The form requires the petitioner (the party requesting the review) to provide their name, address, and contact information. Similarly, the respondent (the opposing party) needs to provide their details as well. 2. Case Information: The form asks for details regarding the lower court's decision being challenged. This includes the court's name, case number, and the date of the decision. The petitioner also needs to provide a brief description of the case and the legal issues at hand. 3. Questions Presented: The form provides space for the petitioner to list the specific legal questions they believe the Supreme Court should address in their review. These questions are essential for demonstrating the significance of the case and the need for further review. 4. Supporting Documents: The petitioner is required to attach relevant documents, such as copies of the lower court's decisions, any relevant statutes or regulations, and any other supporting materials that strengthen the argument for Supreme Court review. Example: Suppose a business owner in California has challenged a state law that they believe violates their constitutional rights to free speech. They have already gone through the state's courts and received an unfavorable decision. To seek the Supreme Court's review, the business owner will need to complete a writ of certiorari form. In the form, the business owner will provide their personal information, including name, address, and contact details. They will also outline the case's details, including the name of the state court, the case number, and the date of the decision. The business owner will then list the legal questions they believe the Supreme Court should consider, such as whether the state law unconstitutionally restricts their freedom of speech. They will back up their arguments by attaching copies of the lower court decisions, the relevant state law, and any other supporting documents. Different Types of Writ of Certiorari Forms: 1. Certiorari before Judgment: This form is used when a party requests the Supreme Court to review a case before it has gone through the regular appeal process. It is typically granted in exceptional circumstances when immediate review is deemed necessary. 2. Certiorari Nisei: This form is used when parties request a review of a decision by an appellate court. It is commonly used when there is conflicting precedent among different appellate courts, and the Supreme Court's intervention is needed to establish consistency. 3. Certiorari Ex parte: This form is used when a party seeks the Supreme Court's review without involving the opposing party. It is usually granted in cases where the opposing party cannot be located or the matter is deemed urgent. 4. Certiorari Coral Obis: This form is used to appeal a lower court's decision on the grounds of errors of fact or law that were unknown to the party during the original proceedings. Overall, a writ of certiorari form is a crucial tool for parties seeking the Supreme Court's review of a lower court's decision. By providing the necessary information, parties can make a compelling case for the court's attention and potentially have important legal questions resolved.
