The Florida Supreme Court is the highest court in the state. Unlike the District Courts of Appeal, which hear most appeals as a matter of right, the Florida Supreme Court's jurisdiction is largely discretionary and tightly limited by the Florida Constitution. Review by the Florida Supreme Court is the exception rather than the rule, but in the right case it can be pursued. The Law Offices of Albert Goodwin, PA advises clients on whether a case presents a basis for review and how to seek it.
Composition of the Court
The Florida Supreme Court is composed of seven justices. It sits in Tallahassee. Most of its civil docket consists of cases it has chosen to review, and it generally decides only questions of law of statewide importance rather than re-examining the facts of individual disputes.
How Cases Reach the Court
The court's jurisdiction is defined by Article V, section 3(b) of the Florida Constitution and implemented by Florida Rule of Appellate Procedure 9.030. The most common bases for discretionary review of a District Court of Appeal decision include:
- Conflict jurisdiction, where a decision of one District Court of Appeal expressly and directly conflicts with a decision of another district court or of the Florida Supreme Court on the same question of law.
- Certified questions of great public importance, where a District Court of Appeal certifies that its decision passes on a question of great public importance.
- Certified conflict, where a District Court of Appeal certifies that its decision is in direct conflict with a decision of another district court.
- Questions certified from the federal courts, where a federal court certifies a determinative question of Florida law on which there is no controlling precedent.
The court also has a narrow band of mandatory jurisdiction, including the review of certain death penalty cases and decisions declaring a state statute or a provision of the state constitution invalid.
Invoking Discretionary Review
Discretionary review is sought by filing a notice to invoke the court's discretionary jurisdiction in the District Court of Appeal within 30 days of rendition of the decision to be reviewed, followed by jurisdictional briefs addressing whether the court should accept the case. The threshold is high: the petitioner must show not only that the decision below was wrong, but that the case fits within one of the constitutional categories that permits review at all. Because most petitions for discretionary review are not accepted, a candid assessment of whether a case qualifies is essential before investing in the effort.
Relationship to the District Courts of Appeal
For most litigants, the District Court of Appeal (the Third DCA for Miami-Dade and Monroe Counties, or the Fourth DCA for Broward, Palm Beach, and surrounding counties) is the court of last resort as a practical matter, because Florida Supreme Court review is discretionary and rarely granted. The decision whether to seek review in the Florida Supreme Court should be made with a clear understanding of the limited jurisdiction and the long odds.
