KAVONYA D. COOPER
v.
STATE OF FLORIDA
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Certiorari should not be used as a second appeal but only when there is a violation of clearly established law resulting in miscarriage of justice.
[1] Second-tier certiorari is not available as a second appeal and should be limited to cases involving a violation of clearly established law that results in a miscarriage o…
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Join FLexlaw to unlock all legal intelligence“second-tier certiorari should not be used simply to grant a second appeal; and... it should be reserved for those situations when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice”
The court's articulation of the standard for when certiorari jurisdiction is properly invoked
Kavonya D. Cooper petitioned for writ of certiorari in the District Court of Appeal, First District.…
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September 21, 2020 PER CURIAM.
DENIED. See Futch v. Fla. Dep’t of Highway Safety & Motor Vehicles, 189 So. 3d 131, 132 (Fla. 2016) (reminding district courts that they “must exercise caution not to expand certiorari jurisdiction to review the correctness of the circuit court’s decision”; that “second-tier certiorari should not be used simply to grant a second appeal”; and that “it should be reserved for those situations when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice”).
KELSEY, M.K. THOMAS, and TANENBAUM, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Citator
Authorities Cited
- Nils Futch v. Fla. Dep't of Hwy. Safety & Motor Vehicles, 189 So. 3d 131 (Fla. 2016)