Question 1

What are extraordinary writs in Florida?

Accepted Answer

Extraordinary writs: special court orders issued by appellate courts to address situations where ordinary remedies (appeals) are inadequate. FL Constitution (Article V, Section 3(b)(7)): grants the FL Supreme Court the power to issue writs of: mandamus, quo warranto, prohibition, habeas corpus, and certiorari. FL district courts of appeal: also have the power to issue extraordinary writs. These writs: are called "extraordinary" because they are: available only in exceptional circumstances where the ordinary appellate process is insufficient.

Question 2

What types of extraordinary writs are available in Florida?

Accepted Answer

FL types: mandamus (compels a government official to: perform a mandatory duty), prohibition (prevents a lower court from: exceeding its jurisdiction or acting beyond its authority), certiorari (reviews a lower court’s or agency’s decision for: departure from the essential requirements of law), habeas corpus (challenges the legality of: a person’s detention or imprisonment), and quo warranto (challenges a person’s right to: hold a public office or exercise a franchise). Each writ: serves a specific purpose and has: specific requirements for issuance.

Question 3

When should a Florida litigant seek an extraordinary writ instead of an appeal?

Accepted Answer

Seek a writ when: no appeal available (the order is: interlocutory (non-final) and there is no right to appeal), irreparable harm (waiting for a final judgment and then appealing would: cause irreparable harm that cannot be remedied on appeal), jurisdictional issues (the lower court is: acting beyond its jurisdiction), and ministerial duty (a government official is: failing to perform a mandatory duty). Do NOT seek a writ when: an adequate remedy exists (an appeal after final judgment is available and adequate), the issue is discretionary (the lower court’s ruling is: within its discretion), or the issue is factual (extraordinary writs generally do not: resolve factual disputes).

Extraordinary Writ Appellate Court Power

FL Extraordinary Writs: Appellate Power

Types

When to Seek

When NOT to Seek

Related Terms

Barnes Walker Appellate

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