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Motion for Certification

How-To: Writing a Motion for Certification

Based on a Direct Conflict with Controlling Precedent

Background: The appellate court entered a final decision against you
Problem: The decision appeared to conflict with authoritative precedence
Solution: You write a motion for certification to help obtain Supreme Court Review

I. Legal Citations

Rule 9.330 Fla. R. App. P. | Rehearing, Clarification, Certification, Written Opinion
"(a)(2)(C) Motion for Certification. A motion for certification shall set forth the case(s) that expressly and directly conflicts with the order or decision..." Rule 9.030 Fla. R. App. P. | Jurisdiction of Courts
"(2) Discretionary Jurisdiction. The discretionary jurisdiction of the supreme court may be sought to review:
(A) decisions of district courts of appeal that:
(vi) expressly and directly conflict with a decision of another district court of appeal or of the supreme court on the same question of law

II. Samples

# PDF Comments
1TBD case. Pro Se Filing. + Great Public Interest + Issue Written Opinion. Supreme Court Conflict.
2Pro Se Filing. FCHR/DOAH Case.

III. Templates

# Word Comments
1Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe").

IV. Quick Commentary

V. Additional Resources

VI. Conclusion

With the use of the template (as well as the samples above), you can more easily write your motion for certification.

Congratulations! You're now booked up on how to write a Motion for Certification (on the basis of direct conflict with controlling precedent)!

Please get the justice you deserve.


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