DARIUS WILSON, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Heekin v. DEL COL, 60 So. 3d 437 (Fla. 1st DCA 2011)
  …So. 2d 1169 (Fla. 1st DCA 2008). The element of departure from the essential requirements of law concerns an examination of whether a legal error has occurred and the seriousness of the error. Wolf Creek Land Dev., Inc. v. Masterpiece Homes, Inc., 942 So. 2d 995 (Fla. 5th DCA 2006). Mere legal error is insufficient to constitute a departure from the essential requirements of law but the error must amount “to ‘a violation of a clearly established principle of law and resulting in a miscarriage of justice.’ ”…
• Achord v. Osceola Farms Co., 52 So. 3d 699 (Fla. 4th DCA 2010)
  …constitutionality is “certainly debatable, ... there appears to be no case law on the matter that has been pointed out by either side or that has been disclosed by our own independent research.” Wolf Creek Land Dev. Inc. v. Masterpiece Homes, Inc., 942 So. 2d 995, 997 (Fla. 5th DCA 2006). Because the law pertaining to this bond requirement is not clearly established, a writ of certiorari is not available for second-tier review. We need not consider whether the circuit court’s order results in a “miscarriage…
• U'Dreka Andrews v. State, 218 So. 3d 466 (Fla. 1st DCA 2017)
  …uests the live appearance, this misreading does not constitute a violation of a clearly established principle of law. Indeed, there is no clear controlling precedent for the issue raised here”); Wolf Creek Land Dev., Inc. v. Masterpiece Homes, Inc., 942 So. 2d 995, 997 (Fla. 5th DCA 2006) (“The statutory issue raised by Wolf Creek in the present case is certainly debatable, but there appears to be no case law on the matter that has been pointed out by either side or that has been disclosed by our own independ…