Motion for Written Opinion
How-To: Writing a Motion for a Written Opinion
| Background: | The appellate court entered a final decision against you |
| Problem: | The court's decision did not have a written opinion |
| Solution: | You write a motion for a written opinion to help obtain Supreme Court Review |
I. Legal Citations
Rule 9.330 Fla. R. App. P. | Rehearing, Clarification, Certification, Written Opinion
"(a)(2)(D) Motion for Written Opinion. A motion for written opinion shall set forth the reasons that the party believes that a written opinion would provide:
(i) a legitimate basis for supreme court review;
(ii) an explanation for an apparent deviation from prior precedent; or
(iii) guidance to the parties or lower tribunal when:
...
"
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:
...
(iv) expressly and directly conflict with a decision of another district court of appeal or of the supreme court...
(v) pass upon a question certified to be of great public importance; or
(vi) are certified to be in direct conflict with decisions of other district courts of appeal;"
II. Samples
| # | Comments | |
|---|---|---|
| 1 |  | TBD case. Pro Se Filing. + Direct Conflict + Great Public Interest. Supreme Court Conflict. |
| 2 | | Attorney's Filing. + Direct Conflict. Attorney General. Lower Tribunal = DOAH |
| 3 | | Attorney's Filing. + Certification (GPI). Lower Tribunal = DOAH |
III. Templates
| # | Word | Comments |
|---|---|---|
| 1 |  | Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe"). |
IV. Quick Commentary
- Crucial Note: File this document before the deadline!
- see Rule 9.330(a) Fla. R. App P.
- 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)
- Legal Note #1: Decisions that conflict with controlling precedent can be considered to be of "Great Public Importance"
- see Walsingham v State, 576 So. 2d 365, 366 (Fla. 2d DCA 1991)
- see Fridovich v State, 537 So. 2d 648, 650 (Fla. 4th DCA 1989)
- Legal Note #2: Issues that impact many people can be considered to be of "Great Public Importance"
- see Cf. Young v State, 678 So. 2d 427, 429 (Fla. 4th DCA 1996)
- see Gibbs v State, 676 So. 2d 1001, 1006 (Fla. 4th DCA 1996)
- Note: You can combine this motion with other 9.330 motions.
- (eg, Rehearing, Clarification, and/or Certification)
- 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 a Written Opinion'
- Save the final version as a PDF file.
- File the final version in court
V. Additional Resources
- Appellate Law: Certifying Questions to the Florida Supreme Court: What's So Important?
- 76 Florida Bar Journal, 40 (2002)
- Raoul G. Cantero III
- Appellate Motions for Rehearing: When is Enough Really Enough?
- Appellate Practice
- Stetson Law Review
- Honorable Philip J. Padovano
- © 2003, Florida State University
VI. Conclusion
With the use of the template (as well as the samples above), you can more easily write your motion for a written opinion.
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
Send Email