departure from the essential requirement in Florida

12 Florida opinions name it 1 courts 1979–2025 2 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

Case	Followed	Cited
Becker & Poliakoff v. Kinggreen fladistctapp · 1994 · cited in 1 Florida opinions naming this issue, 2025–2025 1 sentence 2025Failure to allow withdrawal in this case was a departure from the essential requirement of law.”); Becker & Poliakoff, 642 So. 2d at 822 (“We conclude that under Fisher the denial of the law firm’s motion to withdraw was a departure from the essential requirements of law and we thus grant certiorari.”).	1	1
Combs v. Stategreen fla · 1983 · cited in 1 Florida opinions naming this issue, 2024–2024 1 sentence 2024A departure from the essential requirement of the law “requires a showing of ‘a violation of a clearly established principle of law resulting in a miscarriage of justice.’” Sahmoud v. Marwan, 338 So. 3d 29 , 30 (Fla. 3d DCA 2022) (quoting Combs v. State, 436 So. 2d 93, 95-96 (Fla. 1983)).	1	1
Florida Parole Commission v. Robert Taylorgreen fla · 2014 · cited in 1 Florida opinions naming this issue, 2015–2015 2 sentences 2015That is, a grant of second-tier cer-tiorari review requires “a departure from the essential requirement of law resulting in a miscarriage of justice.” Id. at 783 (citation omitted). 2015That is, a grant of second-tier certiorari review requires “a departure from the essential requirement of law resulting in a miscarriage of justice.” Id. at 783 (citation omitted).	1	1
Abdel-Fattah v. Taubgreen fladistctapp · 1993 · cited in 1 Florida opinions naming this issue, 2013–2013 1 sentence 2013See Abdel-Fattah v. Taub, 617 So.2d 429, 430 (Fla. 4th DCA 1993), disapproved on other grounds, Elkins v. Syken, 672 So.2d 517, 518 (Fla.1996); Young v. Santos, 611 So.2d 586 (Fla. 4th DCA 1993), disapproved of on other grounds, Elkins, 672 So.2d at 518 ; Fla. R.	1	1
Elkins v. Sykengreen fla · 1996 · cited in 1 Florida opinions naming this issue, 2013–2013 2 sentences 2013See Abdel-Fattah v. Taub, 617 So.2d 429, 430 (Fla. 4th DCA 1993), disapproved on other grounds, Elkins v. Syken, 672 So.2d 517, 518 (Fla.1996); Young v. Santos, 611 So.2d 586 (Fla. 4th DCA 1993), disapproved of on other grounds, Elkins, 672 So.2d at 518 ; Fla. R. 2013See Abdel-Fattah v. Taub, 617 So.2d 429, 430 (Fla. 4th DCA 1993), disapproved on other grounds, Elkins v. Syken, 672 So.2d 517, 518 (Fla.1996); Young v. Santos, 611 So.2d 586 (Fla. 4th DCA 1993), disapproved of on other grounds, Elkins, 672 So.2d at 518 ; Fla. R.	1	1
Ivey v. Allstate Ins. Co.green fla · 2000 · cited in 1 Florida opinions naming this issue, 2005–2005 1 sentence 2005See Ivey, 774 So.2d at 682 . [T]he district court should examine the seriousness of the error and use its discretion to correct an error only when there has been a violation of [a] clearly established principle of law resulting in a miscarriage of justice.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (8)

Case	Cited	Years
Kennington v. Gillman green fladistctapp · 1973 2 sentences 1980Therein, this court quoted Kennington v. Gillman, 284 So.2d 405 (Fla. 1st DCA 1973), as follows: It is only when a judgment has been rendered in the absence of any competent evidence to support the judgment or material fundamental errors in applying the law that such a departure from the essential requirement of law will arise to justify a superior court to exercise its ancient power to issue the common law writ of certiorari. 1980It is only when a judgment has been rendered in the absence of any competent evidence to support the judgment or material fundamental errors in applying the law that such a departure from the essential requirement of law will arise to justify a superior court to exercise its ancient power to issue the common law writ of certiorari. 284 So.2d at 406 .	3	1980–1980
Snyder v. Value Rent-A-Car green fladistctapp · 1999 2 sentences 2019Patrowicz v. Wolff , 110 So. 3d 973 , 974 (Fla. 2d DCA 2013) (citing Snyder v. Value Rent-A-Car , 736 So. 2d 780 , 782 (Fla. 4th DCA 1999) ) ("The failure to address whether a claimed privilege applies prior to ordering the disclosure of documents is a departure from the essential requirements of the law."). 2019Patrowicz v. Wolff , 110 So. 3d 973 , 974 (Fla. 2d DCA 2013) (citing Snyder v. Value Rent-A-Car , 736 So. 2d 780 , 782 (Fla. 4th DCA 1999) ) ("The failure to address whether a claimed privilege applies prior to ordering the disclosure of documents is a departure from the essential requirements of the law.").	2	2019–2019
Patrowicz v. Wolff green fladistctapp · 2013 2 sentences 2019Patrowicz v. Wolff , 110 So. 3d 973 , 974 (Fla. 2d DCA 2013) (citing Snyder v. Value Rent-A-Car , 736 So. 2d 780 , 782 (Fla. 4th DCA 1999) ) ("The failure to address whether a claimed privilege applies prior to ordering the disclosure of documents is a departure from the essential requirements of the law."). 2019Patrowicz v. Wolff , 110 So. 3d 973 , 974 (Fla. 2d DCA 2013) (citing Snyder v. Value Rent-A-Car , 736 So. 2d 780 , 782 (Fla. 4th DCA 1999) ) ("The failure to address whether a claimed privilege applies prior to ordering the disclosure of documents is a departure from the essential requirements of the law.").	2	2019–2019
Young v. Santos green fladistctapp · 1993 1 sentence 2013See Abdel-Fattah v. Taub, 617 So.2d 429, 430 (Fla. 4th DCA 1993), disapproved on other grounds, Elkins v. Syken, 672 So.2d 517, 518 (Fla.1996); Young v. Santos, 611 So.2d 586 (Fla. 4th DCA 1993), disapproved of on other grounds, Elkins, 672 So.2d at 518 ; Fla. R.	1	2013–2013
Martin-Johnson, Inc. v. Savage green fla · 1987 1 sentence 1989Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla.1987).	1	1989–1989
Grandin Lake Shores Ass'n, Inc. v. Underwood green fladistctapp · 1977 1 sentence 1980Several years later, the same court elaborated on this subject in Grandin Lake Shores Association, Inc. v. Underwood, 351 So.2d 1131 (Fla. 1st DCA 1977), when it said: It is apparent from the foregoing authorities that a District Court of Appeal may not, on certiorari sought to a Circuit Court in the exercise of its appellate jurisdiction, re-evaluate or weigh the evidence.	1	1980–1980
Weinschel v. Weinschel neutral fladistctapp · 1980 1 sentence 1980As stated in Kennington v. Gillman, 284 So.2d 405 (Fla. 1st DCA 1973) and quoted in Magnus v. Century Village, supra, at 146: It is only when a judgment has been rendered in the absence of any competent evidence to support the judgment or material fundamental errors in applying the law that such a departure from the essential requirement of law will arise to justify a superior court to exercise its ancient power to issue the common law writ of certiorari.	1	1980–1980
Townsend v. State green fladistctapp · 1957 1 sentence 1979It is only when a judgment has been rendered in the absence of any competent evidence to support the judgment or material fundamental errors in applying the law that such a departure from the essential requirement of law will arise to justify a superior court to exercise its ancient power to issue the common law writ of certiorari... ." In Townsend v. State, 97 So.2d 712 (Fla. 1st DCA 1957), the petitioner sought review by common law certiorari of an appellate decision of the circuit court.	1	1979–1979

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