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."
The Writ of Certiorari petition format is a legal document used to request a higher court to review a lower court's decision. This petition format is crucial in cases where the petitioner believes there has been a misapplication of law or a violation of constitutional rights. The format typically includes specific elements to ensure clarity and adherence to court procedures. The Writ of Certiorari petition format generally consists of the following components: 1. Caption: This section includes the names of the parties involved and identifies the court where the case originates, such as "In the Supreme Court of [State/Country]." 2. Title: It specifies the type of document being filed, namely "Petition for Writ of Certiorari." 3. Table of Contents: A brief listing of the major sections within the petition for easy reference. 4. Table of Authorities: An index of cases, statutes, regulations, and other legal authorities cited within the petition. 5. Statement of Jurisdiction: This part explains why the higher court has the authority to review the lower court's decision. It cites applicable laws or constitutional provisions. 6. Questions Presented: Here, the key legal issues to be addressed by the court are concisely stated in the form of questions. These questions define the scope of the petition and guide the court's review. 7. Statement of the Case: A summary of relevant facts, prior proceedings, and the lower court's decision. This section provides an overview of the case for the court's understanding. 8. Argument: This is the main part of the petition, where legal arguments supporting the petitioner's position are presented. It includes legal precedents, statutes, or constitutional provisions that support the arguments being made. Each argument is typically divided into subheadings for clarity. 9. Conclusion: A brief and persuasive restatement of the petitioner's request for the court to grant the Writ of Certiorari. It summarizes the main arguments and emphasizes why review by the higher court is necessary. Different types of Writ of Certiorari petition formats can also exist, depending on the jurisdiction or court in question. For example: 1. U.S. Supreme Court Petition for Writ of Certiorari: This format is used in cases seeking review by the United States Supreme Court. 2. State Supreme Court Petition for Writ of Certiorari: Each state may have its specific format for petitions seeking review by their respective state supreme court. 3. Federal Courts of Appeals Petition for Writ of Certiorari: This format is used when requesting review by a federal court of appeals. It is important to consult the specific court's rules and guidelines to ensure compliance with their required format when preparing a Writ of Certiorari petition.
