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How-To: Write 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

  • Crucial Note: File this document before the deadline!
  • Legal Note: Google and Read this decision (Whipple v State, 431 So. 2d 1011 (Fla. 2d DCA 1983))
  • Important Note: Do not re-argue your points on appeal! Appellate courts hate this.
    • see State ex. rel. Jaytex Realty Co. v. Green, 105 So. 2d 817 (Fla. 1st DCA 1958)
    • see Lawyers Title Ins. Corp. v Reitzes, 631 So. 2d 1100, 1101 (Fla. 4th DCA 1993)
    • see Jackson v. US Aviation Underwriters, 466 So. 2d 1119 (Fla. 2nd DCA 1985)
    • see Pingree v Quaintance, 394 So. 2d 161, 162 (Fla. 1st DCA 1981)
    • see Diamond Cab Co. of Miami v King, 146 So. 2d 889, 891 (Fla. 1962)
  • Important Note: Remember to disclose the case that conflicts with the appellate court's decision.
  • Note: You can combine this motion with other 9.330 motions.
    • (eg, Rehearing, Clarification, and/or Written Opinion)
  • Expectation: Do not expect victory (even if you have a slam dunk motion).
    • The appellate courts have final say, and they'll do what they want.
  • Please download as many sample documents as you'd like
  • Feel free to use the template (see Part III - above) to help draft your 'Motion for Certification'
  • Save the final version as a PDF file.
  • File the final version in court

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.

Sincerely,



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