Thursday, September 29, 2016

3d DCA Watch -- A Bunker Without Pity?

Alternate title: "your tears are simply not sufficient!"

"Much ado about outdoor carpeting"?

Finally the standard of appellate review, strictly applied:
The dissent correctly observes that our refusal to accept jurisdiction, grant certiorari, and quash the circuit court appellate opinion in the present case leaves intact a decision that we have since concluded is an incorrect interpretation of the pertinent insurance policy.  If circuit court appellate division opinions are intended to be final, however—with further review tightly circumscribed as specified in Custer Medical Center and Kaklamanos (“something more than a simple legal error;” “when the lower tribunal has violated a clearly established principle of law resulting in a miscarriage of justice;” “an illegal or irregular act;” “grievous errors”2)—we cannot grant a second level of review in a dispute such as this, originating as it did in the county court and decided by the circuit court appellate division without the benefit of our July 2016 decision.
Interesting debate here, well worth the read -- from the dissent:
The issuance of a writ of certiorari to review the judgment of a circuit court sitting in its appellate capacity is strictly limited. In this case, we must decide whether those limits prevent us from issuing the writ involving a question of law that has already been accepted for review by the Florida Supreme Court. If we decline to issue the writ, the litigants in this case, and other litigants in the same procedural posture, would be barred from obtaining the benefit of the Supreme Court’s imminent decision. Because none of the reasons for limiting the writ apply here, and denying the litigants the benefit of the Supreme Court’s forthcoming decision would constitute a patent miscarriage of justice, I would issue the writ.
Yes, I'm a standard of review wonk.

1 comment:

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