gravity error in Florida

2022The decision to grant or withhold relief by way of second-tier certiorari largely depends on our “assessment of the gravity of the error and the adequacy of other relief.” Custer, 62 So. 3d at 1092 (quoting Heggs, 658 So. 2d at 531 n.14).

2022A “district court’s exercise of its discretionary certiorari jurisdiction should ‘depend on the court’s assessment of the gravity of the error and the adequacy of other relief.’” Custer, 62 So. 3d at 1092 (quoting Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523 , 531 n.14 (Fla. 1995)).

2023CONCLUSION The decision to grant or withhold relief by way of second-tier certiorari largely depends on our “assessment of the gravity of the error and the adequacy of other relief.” Custer, 62 So. 3d at 1092 (quoting Haines City 6 While the first-tier briefs alluded to traffic congestion, the record of the public hearing contains no such reference. “[T]he well[-]established rule applicable to . . . certiorari proceeding[s] [is] that the reviewing court’s consideration shall be confined strictly and solely to the record of proceedings by the agency or board on which the questioned order is bas

2022CONCLUSION The decision to grant or withhold relief by way of second-tier certiorari largely depends on our “assessment of the gravity of the error and the adequacy of other relief.” Custer, 62 So. 3d at 1092 (quoting Haines City 6 While the first-tier briefs alluded to traffic congestion, the record of the public hearing contains no such reference. “[T]he well[-]established rule applicable to . . . certiorari proceeding[s] [is] that the reviewing court’s consideration shall be confined strictly and solely to the record of proceedings by the agency or board on which the questioned order is bas

2006See Kaklamanos, 843 So.2d at 890-91 (upholding the district court's granting of certiorari review of a circuit court's decision based upon its conclusion that the legal error was sufficiently egregious or fundamental to fall within the scope of its certiorari jurisdiction); Ivey, 774 So.2d at 682 (explaining that district courts should examine the seriousness of the trial court's error and only grant certiorari when the violation of the clearly established principle of law results in a miscarriage of justice); Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 531 (Fla.1995)(explaining that the c

2006See Kaklamanos, 843 So.2d at 890-91 (upholding the district court’s granting of certiorari review of a circuit court’s decision based upon its conclusion that the legal error was sufficiently egregious or fundamental to fall within the scope of its certiorari jurisdiction); Ivey, 774 So.2d at 682 (explaining that district courts should examine the seriousness of the trial court’s error and only grant cer-tiorari when the violation of the clearly established principle of law results in a miscarriage of justice); Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 531 (Fla.1995)(explaining that the

2006See Kaklamanos, 843 So.2d at 890-91 (upholding the district court's granting of certiorari review of a circuit court's decision based upon its conclusion that the legal error was sufficiently egregious or fundamental to fall within the scope of its certiorari jurisdiction); Ivey, 774 So.2d at 682 (explaining that district courts should examine the seriousness of the trial court's error and only grant certiorari when the violation of the clearly established principle of law results in a miscarriage of justice); Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 531 (Fla.1995)(explaining that the c

2006See Kaklamanos, 843 So.2d at 890-91 (upholding the district court’s granting of certiorari review of a circuit court’s decision based upon its conclusion that the legal error was sufficiently egregious or fundamental to fall within the scope of its certiorari jurisdiction); Ivey, 774 So.2d at 682 (explaining that district courts should examine the seriousness of the trial court’s error and only grant cer-tiorari when the violation of the clearly established principle of law results in a miscarriage of justice); Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 531 (Fla.1995)(explaining that the

2023CONCLUSION The decision to grant or withhold relief by way of second-tier certiorari largely depends on our “assessment of the gravity of the error and the adequacy of other relief.” Custer, 62 So. 3d at 1092 (quoting Haines City 6 While the first-tier briefs alluded to traffic congestion, the record of the public hearing contains no such reference. “[T]he well[-]established rule applicable to . . . certiorari proceeding[s] [is] that the reviewing court’s consideration shall be confined strictly and solely to the record of proceedings by the agency or board on which the questioned order is bas

2022The decision to grant or withhold relief by way of second-tier certiorari largely depends on our “assessment of the gravity of the error and the adequacy of other relief.” Custer, 62 So. 3d at 1092 (quoting Heggs, 658 So. 2d at 531 n.14).

2012See Jaye v. Royal Saxon, Inc., 720 So.2d 214, 215 (Fla.1998) (increased burden, added expense, and concomitant delay has no bearing on “adequacy” of plenary appeal). 1 Nor does the gravity of the error justify the relaxation of the irreparable harm prerequisite to certiorari relief.

2012Id. (even deprivation of constitutional right does not confer certiorari jurisdiction).

2012The United States Supreme Court has succinctly summarized the salient relevant factors: In deciding whether to depart from a prior decision, one relevant consideration is whether the decision is “unsound in principle.” Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528, 546 [ 105 S.Ct. 1005 , 83 L.Ed.2d 1016 ] (1985).

2012The United States Supreme Court has succinctly summarized the salient relevant factors: In deciding whether to depart from a prior decision, one relevant consideration is whether the decision is “unsound in principle.” Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528, 546 [ 105 S.Ct. 1005 , 83 L.Ed.2d 1016 ] (1985).

2004In Pearlstein , we concluded that our legislature, by enacting presuit notice and screening in medical malpractice cases, expressed a sense of urgency such that early intervention by means of certiorari was appropriate to correct errors thwarting the presuit requirements. 500 So.2d at 588 (drawing an analogy to News-Press Publishing Co. v. Gadd, 388 So.2d 276 (Fla. 2d DCA 1980), in which the legislative policy favoring expedition of proceedings involving media access to public records warranted early intervention by means of certiorari).

1993Smith v. Department of Ins., 507 So.2d 1080, 1096 (Fla. 1987) (Ehrlich, J., concurring *1263 in part, dissenting in part) (emphasis supplied); see also, e.g., Smith v. Allwright, 321 U.S. 649, 665 , 64 S.Ct. 757, 765 , 88 L.Ed. 987 (1944) ("when convinced of former error, this Court has never felt constrained to follow precedent").

1993Smith v. Department of Ins., 507 So.2d 1080, 1096 (Fla. 1987) (Ehrlich, J., concurring *1263 in part, dissenting in part) (emphasis supplied); see also, e.g., Smith v. Allwright, 321 U.S. 649, 665 , 64 S.Ct. 757, 765 , 88 L.Ed. 987 (1944) ("when convinced of former error, this Court has never felt constrained to follow precedent").

1993Smith v. Department of Ins., 507 So.2d 1080, 1096 (Fla. 1987) (Ehrlich, J., concurring *1263 in part, dissenting in part) (emphasis supplied); see also, e.g., Smith v. Allwright, 321 U.S. 649, 665 , 64 S.Ct. 757, 765 , 88 L.Ed. 987 (1944) ("when convinced of former error, this Court has never felt constrained to follow precedent").