Florida Appeals and a Petition for a Writ of Certiorari or a Petition for Cert
Do you know how to handle one of those Florida probate appellate matters if it comes your way? There is a very recent case that talks all about it. A petition for a Writ of Certiorari or a petition for a Writ of Cert in Florida courts; that’s when you leave the trial court and go to the appellate court to try to get relief.
There are three requirements; you have to establish a departure from the essential requirements of the law, there was a legal error; two, it resulted in material injury and you’ll have that material injury for the remainder of trial; and you can’t rectify that or correct it on a post-judgment appeal. In other words, “Appellate Court, I need help, now! What’s going on at the trial level is improper, there is an error of law and it can’t be fixed at a later time.” Florida Peninsula Insurance Company v. Deporter, April 10th, 2019 handed down by Florida’s
Fourth District Court of Appeal. It’s not a probate case, but for you people who are involved in a state lawsuit, will contests, trust lawsuits in Florida, if you’re at the trial level and you need help from the Appellate Court during the trial and you can’t wait for post-judgment, you can’t wait until after your jury trial, you want to read this case.