TBD | How-To Write a Motion for Issuance of a Written Opinion
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How-To: Write 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

# PDF Comments
1TBD case. Pro Se Filing. + Direct Conflict + Great Public Interest. Supreme Court Conflict.
2Attorney's Filing. + Direct Conflict. Attorney General. Lower Tribunal = DOAH
3Attorney's Filing. + Certification (GPI). Lower Tribunal = DOAH

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 #1: If the appellate decision conflicts with controlling precedent then a written opinion can provide a legitimate basis for supreme court review.
  • 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

VI. Bibliography

VII. Conclusion

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

Congratulations! You're now booked up on how to write a Motion for a Written Opinion!

Please get the justice you deserve.


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