Writs of Certiorari in Florida

Not every harmful order can be appealed right away. When a trial court enters an order that is neither a final judgment nor an appealable non-final order, a party may still be able to obtain review through a petition for a writ of certiorari. At the Law Offices of Albert Goodwin, PA, we prosecute and defend certiorari petitions in Florida's District Courts of Appeal.

What Certiorari Is

Certiorari is an extraordinary remedy. Under Florida Rule of Appellate Procedure 9.030, the District Courts of Appeal have jurisdiction to issue writs of certiorari to review certain non-final orders that cannot be appealed under Rule 9.130. Rather than a matter of right, certiorari is a discretionary remedy: the appellate court decides whether to exercise its certiorari jurisdiction at all. For that reason, a certiorari petition must clear a higher threshold than an ordinary appeal.

The Three-Part Test

To obtain certiorari relief, a petitioner generally must demonstrate three things:

• A departure from the essential requirements of law. This is more than ordinary legal error; it means the trial court violated a clearly established principle of law resulting in a miscarriage of justice.
• Material injury. The order must cause harm to the petitioner.
• Harm that cannot be remedied on appeal. The injury must be of a kind that could not be adequately corrected through a later appeal from a final judgment — sometimes described as irreparable harm.

The second and third elements — material injury that cannot be remedied on appeal — are jurisdictional. If the harm could be fully corrected in a later appeal, the appellate court will not reach the merits, no matter how clear the legal error.

When Certiorari Is Commonly Used

Certiorari is frequently sought to review interlocutory orders that inflict harm which a final-judgment appeal cannot undo. Common examples include:

• Discovery orders that compel the disclosure of privileged or confidential information — the so-called “cat out of the bag” situation, where the harm of disclosure cannot be reversed
• Orders compelling the production of trade secrets or other protected materials
• Certain orders exceeding the trial court's authority that would otherwise escape meaningful review
• In probate matters, interlocutory rulings that compel disclosure or otherwise cause harm not remediable on appeal from a final order

Strict Deadline

A petition for writ of certiorari must be filed within 30 days of rendition of the order to be reviewed. Like the deadline for a notice of appeal, this deadline is critical, and missing it ordinarily forecloses relief. Because certiorari often arises in the middle of ongoing litigation and on short notice, prompt action is essential, and a request to stay the challenged order is frequently filed alongside the petition.

Certiorari Is Not a Substitute for an Appeal

Certiorari cannot be used to obtain piecemeal review of orders that can be challenged later in an ordinary appeal. Choosing the right vehicle — appeal of a final order, non-final appeal under Rule 9.130, or certiorari — requires careful analysis of the order, the harm, and the governing rules. Selecting the wrong vehicle can waste the one opportunity for review. We analyze this threshold question at the outset and pursue the path that gives your position the best chance of being heard.

Speak With a Florida Appellate Attorney

If a trial court has entered an order that harms you and cannot wait for a final-judgment appeal, certiorari may be your remedy — but the window is short. Contact the Law Offices of Albert Goodwin, PA at 786-522-1411 or email@lawyergoodwin.com to discuss whether certiorari is available in your case.