Friday, September 28, 2012

"Overbreadth" Bunker Smackdown!


I know certain bunker denizens treasure the limited scope of appellate jurisdiction and the proper "standard of review" -- you know, doctrines that serve as vital checks on judicial power etc., so it's interesting to see the Florida Supreme Court deliver a smackdown to the 3d for dramatically expanding the proper standard for common law certiorari relief:
In keeping with the decisions of this Court and numerous other district courts of appeal addressing the proper standard for certiorari relief, we quash the decision below which held that relief was appropriate solely because the discovery order at issue was overbroad. In holding that “certiorari is the proper remedy for overbroad discovery orders” because overbroad orders leave the complaining party “ ‘beyond relief,’ ” AEE, 45 So. 3d at 944 (quoting Redland, 961 So. 2d 1006), the Third District improperly supplanted and expanded the scope of certiorari jurisdiction by replacing the requirement of establishing irreparable harm with a requirement that the requesting party merely demonstrate overbreadth. This is an incorrect and improper alteration of the standard for certiorari jurisdiction. Overbreadth is not a basis for this relief.
Congrats to Paul Morris and Richard Alan Alayon for a big win.

4 comments:

Anonymous said...

Nice picture choice for the post, SFL!

Anonymous said...

The PIG rules.

Bob Becerra said...

Dusty Rhodes, the "American Dream". I remember him from when I was a kid.

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