Florida Appeals Journal -- The Podcast: Recent Episodes
Florida Appeals Journal
Florida Appeals Journal, The Podcast, is an audio-only version of our popular video report on trends and issues in Florida appellate law. Host Jennifer S. Carroll is one of the most experienced and respected appellate attorneys in Florida. In 1994, she was part of the first group of Florida lawyers certified in appellate practice by The Florida Bar. In these podcasts, Ms. Carroll explores decisions in recent appellate civil cases and issues affecting practicing attorneys in Florida. If you have questions, please email her at jcarroll@jscappeal.com or call her at (561) 478-2102.
All civil courts -- the supreme court, district courts of appeal, and circuit courts -- each have a general power to issue all writs necessary to the complete exercise of their jurisdiction. These writs are also known as constitutional writs, and they are used to preserve the power of the court to fully and effectively decide cases that have been, or will be, presented to the court on independent jurisdictional grounds.
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Petitions to review orders granting or denying access to judicial proceedings and records are within the original jurisdiction of the appellate court. Like any other petition initiating an original proceeding under Florida Rule of Appellate Procedure 9.100, a petition for review of an order granting or denying access must contain the following sections: (1) the basis for invoking appellate jurisdiction; (2) the facts upon which the petitioner relies; (3) the nature of the relief sought; and (4) an argument with appropriate citations of authority.
Rule 9.100(d) provides that such petition to review an order granting or denying access to a judicial proceeding or record shall be filed in the appellate court “as soon as practicable,” but no later than 30 days after rendition of the order to be reviewed. Circumstances often require the petitioner to seek review quickly in order to avoid a claim of mootness.
Once a petition has been filed to review an order granting or denying access to a judicial proceeding or record, the appellate court will immediately review the petition to determine whether a stay of the court order and proceedings in the lower court is appropriate. Under the provisions of Rule 9.100(d)(2), the appellate court may grant a stay on its own motion or on the motion of a party. Pending a ruling on the motion, the clerk and the judge of the lower tribunal shall treat those proceedings or records as confidential.
The standard of review that applies to a petition for review of an order excluding the press is the same as the standard that applies to a petition for writ of certiorari. The appellate court must determine whether the trial court violated procedural due process or whether its order departed from the essential requirements of the law.
An order restraining the press from publishing certain information is not within the class of orders that are reviewable under Rule 9.100(d). An order restraining the press is reviewable by certiorari. Jacksonville Television, Inc. v. Florida Dept. of Health and Rehabilitative Services, 659 So.2d 316 (Fla. 1st DCA 1994).
Written Orders
An order excluding the press or public is reviewed only if it is in writing. See Sarasota Herald-Tribune v. State, 924 So.2d 8 (Fla. 2d DCA 2005).
Sealing Files
Palm Beach Newspapers, Inc. v. Doe, 460 So.2d 406 (Fla. 4th DCA 1984) (petition for review of an order denying release of a transcript of a court hearing that had been closed to the public).
Access
Media General Operations, Inc. v. State, 933 So.2d 1199 (Fla. 2d DCA 2006) (review of an order sealing ex parte motions and related discovery material); Tribune Co. v. D.M.L., 566 So.2d 1333 (Fla. 2d DCA 1990) (order excluding the press from a Baker Act hearing). See WFTV, Inc. v. State, 704 So.2d 188 (Fla. 4th DCA 1997) (order prohibiting video and still camera 1 from photographing jurors).
Gag Orders
A gag order is subject to review under Rule 9.100(d). See Florida Freedom Newspapers, Inc. v. McCrary, 497 So.2d 652 (Fla. 1st DCA 1986) (review of an order prohibiting extrajudicial comments by county and state agents during the pendency of a criminal case).
Closure
Rule 9.100(d) can be used to seek review of an order closing a court hearing. Representatives of the press have a right to be heard before a hearing is closed. See Sarasota Herald-Tribune v. J.T.J., 502 So.2d 930 (Fla. 2d DCA 1987).
Standard
See Media General Operations, Inc. v. State, 933 So.2d 1199 (Fla. 2d DCA 2006).
If you have other topics you'd like us to cover, please email us at jcarroll@jscappeal.com
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Music by Kevin MacLeod
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If you need to challenge the legality of a detention or restraint of a person or to obtain the person’s prompt release, a writ of habeas corpus may be the measure needed. Although a writ of habeas corpus is usually associated with criminal cases, it is actually an independent civil proceeding that is available in both civil and criminal cases.
Such a writ may be made not only by the detained party but also by another person, such as an agent, or friend, wife, or husband, or by a parent for his child, and others.
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If you find this video useful, please LIKE it and SHARE it with colleagues you think will find it valuable. Please SUBSCRIBE to our podcast (and click the bell) to receive notice when we publish new podcasts
If you have comments, please leave them in the section provided below. If you have specific questions, please call us at (561) 478-2102.
If you have other topics you'd like us to cover, please email us at jcarroll@jscappeal.com
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Music by Kevin MacLeod
Werq Kevin MacLeod (incompetech.com)
Licensed under Creative Commons: By Attribution 3.0 License
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A writ of quo warranto is a civil remedy employed to determine a person’s right to hold public office or challenge a public officer’s attempt to exercise some right or privilege that derives from the state. A writ of quo warranto is inappropriate when there is an adequate remedy available by statute.
A writ of quo warranto is most often used to challenge the right of an individual to hold public office. It is also often used to challenge the authority of a public officer to take certain actions in an official capacity. There is no time limit for applying a writ of quo warranto.
FIND MORE DETAILS ON OUR WEBSITE AT http://jscappeal.com
CITATIONS
Section 80.01, Fla. Stat.
Fla. R. App. P. 9.100 and Fla. R. App. P. 9.030
Fla.R.Civ.P. 1.630
Martinez v. Martinez, 545 So.2d 1338 (Fla. 1989)
Whiley v. Scott, 79 So.3d 702 (Fla. 2011)
Macnamara v. Kissimmee River Valley Sportsmans' Ass'n, (Fla. 2d DCA 1994)
State ex rel. Smith v. Brummer, 426 So.2d 532 (Fla. 1982)
Butterworth v. Epsey, 523 So.2d 1278 (Fla. 2d DCA 1988)
State ex rel. Ervin v. Jacksonville Expressway Authority, 139 So.2d 135 (Fla. 1962)
State ex rel. Landis v. Thompson, 125 Fla. 466, 170 So. 464 (1936)
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If you find this podcast useful, please LIKE it and SHARE it with colleagues you think will find it valuable. Please SUBSCRIBE to our podcast to receive notice when we publish new episodes.
If you have comments, please leave them in the section provided below. If you have specific questions, please call us at (561) 478-2102.
If you have other topics you'd like us to cover, please email us at jcarroll@jscappeal.com
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Music by Kevin MacLeod
Werq Kevin MacLeod (incompetech.com)
Licensed under Creative Commons: By Attribution 3.0 License
http://creativecommons.org/licenses/by/3.0/
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A writ of prohibition is used to prevent a lower tribunal from the improper exercise of judicial power. As a general rule, it is a remedy used to prevent an action, not to correct one already taken, and it can only be used if another remedy is not available. It can be used to restrain the exercise of jurisdiction. A writ of prohibition has one special function: to review the denial of a motion to disqualify a trial judge.
Please see more details on our website: https://www.jscappeal.com/civil-appeals/extraordinary-writs-in-florida/
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If you find this podcast useful, please LIKE it and SHARE it with colleagues you think will find it valuable. Please SUBSCRIBE to the podcast.
If you have comments, please leave them in the section provided below. If you have specific questions, please call us at (561) 478-2102
If you have other topics you'd like us to cover, please email us at jcarroll@jscappeal.com
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Music by Kevin MacLeod
Werq Kevin MacLeod (incompetech.com)
Licensed under Creative Commons: By Attribution 3.0 License
http://creativecommons.org/licenses/by/3.0/
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Mandamus is used to enforce an established legal right by compelling a public officer or agency to perform a duty required by law.
Writ of mandamus may also be used against an officer or director of a private corporation and a trustee common, guardian, or personal representative of an estate, as long as the officials charged by law with performing the duties sought to be compelled.
That legal duty must be ministerial, and not discretionary, and the party seeking the writ must have a clear legal right to compel performance of the act.
There are more requirements. Please see our website at jscappeal.com for more details.
CITATIONS:
Fla. R. App. P. 9.100
Town of Manalapan v. Rechler, 674 So.2d 789 (Fla. 4th DCA 1996)
King v. State, 665 So.2d 377 (Fla. 4th DCA 1996)
Allston v. State, 685 So.2d 1312 (Fla. 2d DCA 1996)
Adams v. State, 560 So.2d 321 (Fla. 1st DCA 1990)
Puckett v. Gentry, 577 So.2d 965 ((Fla.5th DCA 1991)
PLEASE SEND ALL INQUIRIES TO jcarroll@jscappeal.com
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Music by Kevin MacLeod
Werq Kevin MacLeod (incompetech.com)
Licensed under Creative Commons: By Attribution 3.0 License
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In this first episode of the Florida Appeals Journal: The Podcast, Florida appeals attorney Jennifer Carroll discusses an important tool for practitioners. A writ of certiorari is used to remedy the trial court's action that exceeds its authority or departs from the essential requirements of law and there's no legal remedy. The action has to result in irreparable harm to the client. It is a tool you'll want to use only in very limited circumstances. Although it is not an appeal, it is brought to the appellate court.
This is the first in a series of podcasts discussing The Extraordinary Writs. Please SUBSCRIBE to our podcast to receive notice about the next episodes.
The video version of this episode of Florida Appeals Journal was first published on June 18, 2020, and is available for viewing here: https://www.youtube.com/c/JenniferSCarroll-FloridaAppealsJournal
If you have other topics you'd like us to cover, please email us at jcarroll@jscappeal.com
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Music by Kevin MacLeod
Werq Kevin MacLeod (incompetech.com)
Licensed under Creative Commons: By Attribution 3.0 License
https://creativecommons.org/licenses/by/3.0/
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Law Offices of Jennifer S. Carroll, PA
1001 US-1 Jupiter, FL 33477
(561) 478-2102
https://www.jscappeal.com/