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. Definitions

Opinion

the reason given for a court's judgment, finding or conclusion, as opposed to the decision, which is the judgment itself. When the court is composed of more than one judge or justice, and more than one opinion has been written in a given case, the opinion that expresses the view of the majority of the judges presiding, and thus announces the decision of the court, is referred to as the MAJORITY OPINION.

CONCURRING OPINION: a view basically in accord...

DISSENTING OPINION: a view that disagrees...

EXPERT OPINION: see expert witness.

LAY OPINION: see lay witness.

MAJORITY OPINION: one that is joined by...

PER CURIAM OPINION: an opinion "by the court"...

PLURALITY OPINION: one agreed to by less than...

Opinion also refers to the conclusions reached by a witness that are drawn from his or her observations of the facts.

II. 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;

III. Samples

#	PDF	Comments	₧
01		TBD case. Pro Se Filing. + Direct Conflict + Great Public Interest. Supreme Court Conflict.
02		State-Borne Corruption case. Attorney Filing. 14th Amendment. Due Process. Right to Trial-by-Jury.
03		Attorney's Filing. + Direct Conflict. Attorney General. Lower Tribunal = DOAH
04		Attorney's Filing. + Certification (GPI). Lower Tribunal = DOAH

IV. Templates

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

V. Application

Crucial Note: File this document before the deadline!
- see Rule 9.330(a) Fla. R. App P.
Legal Note #1: If the appellate decision conflicts with controlling precedent then a written opinion can provide a legitimate basis for supreme court review.
- 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)
Note: You can combine this motion with other 9.330 motions.
- (eg, Rehearing, Clarification, and/or Certification)

VI. Quick Commentary

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

VII. 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?
Chapter 19, Post Decision Motions: Pro Se Appellate Handbook ©Florida Bar
- The Florida Bar
- Appellate Practice Section
- © 2016
- Source: FloridaBar.org

VIII. Bibliography

IX. Conclusion

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

...POINTS & THINGS...

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

Please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

How-To: Write a Motion for a Written Opinion

I. Definitions

II. Legal Citations

III. Samples

IV. Templates

V. Application

VI. Quick Commentary

VII. Additional Resources

VIII. Bibliography

IX. Conclusion

...POINTS & THINGS...

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How-To: Write a Motion for a Written Opinion

I. Definitions

II. Legal Citations

III. Samples

IV. Templates

V. Application

VI. Quick Commentary

VII. Additional Resources

VIII. Bibliography

IX. Conclusion

...POINTS & THINGS...

Buy™

Sell™

Shop™ Now

Pages That YouMight Also Like

Buy™

Sell™

Shop™ Now

add a comment

thank you, come again!TBD 1.037

Submit a Quiz Question

That Will Test Another User's Page-Specific Knowledge

Pages That You
Might Also Like

thank you, come again!
TBD 1.037