This Article discusses the evolution of the standard of certiorari review in Florida’s appellate courts. Prior to 1957, the Florida Supreme Court had the power, provided by the State Constitution, to issue writs of certiorari in cases at the trial court level, essentially exercising supervisory jurisdiction over other courts. This jurisdiction, however, was not intended to authorize a second appeal; instead, it operated as an examination into the proceedings of the circuit court and whether the judgment was illegal, irregular, or “prejudicial and materially harmful” to the party seeking review.
In 1956, the Florida Legislature amended the Constitution, establishing the Florida district courts of appeal and granting both the district and circuit courts certiorari jurisdiction. The Supreme Court’s certiorari jurisdiction was further defined to require review of decisions that pass upon a question certified to be of great public importance or decisions in direct conflict with a decision of another district court of appeal or the Supreme Court on the same issue. In 1972, an additional amendment to the Florida Constitution added scenarios in which the Florida Supreme Court would have certiorari jurisdiction. In these scenarios, the Supreme Court could also review the district court of appeal’s decision for error. Finally, in 1980, Article V, Section 3, of the Florida Constitution underwent considerable revision, eliminating certiorari jurisdiction in the Supreme Court and making it only available in the district courts of appeal and the circuit courts. The certiorari jurisdiction of these courts still requires a violation of a clearly established principle of law resulting in a miscarriage of justice.