The Courts

Question 1

Article V Courts

Answer 1

1. Supreme Court
2. DCAs
3. Circuit Court
4. County Court

Question 2

Supreme Court - Mandatory Jurisdiction

Answer 2

1. Death Penalty Cases (appeals from trial courts imposing death penalty)
2. Bond validation
3. Rate Decisions of the Public Service Commission
4. Decisions of DCAs declaring invalid a statute statute or provision of the state constitution

Question 3

Supreme Court - Discretionary Jurisdiction

Answer 3

1. DCA decisions that a. expressly affect a class of constitutional officers (e.g., all state attorneys or PDs); b. conflicting decisions with another DCA or Supreme Court on the same question of law; c. DCA decisions that expressly declare a state statute valid; d. DCA decisions that expressly construe a provision of the state or federal constitutions; e. great public importance.
2. By-pass certification: trial court devisions certified by the DCA while an appeal is pending
3. Federal Certification: questions of law by federal court on which there is no controlling Florida Supreme Court precedent

Question 4

Supreme Court - Administrative Jurisdiction

Answer 4

1. Rules of Practice and Procedure but legislature can overturn it by 2/3 vote
2. Admission and Discipline of Attorneys

Question 5

Supreme Court - Writ Jurisdiction

Answer 5

Supreme Court can issue writs of prohibition, habeas corpus, mandamus, and quo warranto

Supreme Court CANNOT issue common law writs of certiorari

Question 6

District Court of Appeal - Mandatory Jurisdiction

Answer 6

1. Final orders of circuit courts

2. Final orders of state agencies governed by the administrative procedures act

Question 7

District Court of Appeal - Discretionary Jurisdiction

Answer 7

1. non-final orders of circuit courts
2. final orders of circuit courts when they are acting in their appellate capacity
3. by-pass certification from county court to DCA

Question 8

District Court of Appeal - Writs Jurisdiction

Answer 8

DCA can issue writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus, and all other writs necessary to their exercise of jurisdiction

Question 9

Circuit Court – Appellate Jurisdiction

Answer 9

1. Final orders of county court
2. Final orders of administrative agencies not subject to the Administrative Procedures Act e.g., local zoning boards
3. Nonfinal orders from lower courts

Question 10

Circuit Court - Trial (original) Jurisdiction

Answer 10

1. probate and related matters
2. equity matters not within county court’s jurisdiction
3. felonies
4. taxes
5. ejectment of real property
6. juvenile matters
7. amount in controversy exceeds 15K

Question 11

Circuit Court - Writs Jurisdiction

Answer 11

Circuit courts can issue writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus, and all other writs necessary to their exercise of jurisdiction

Question 12

County Court

Answer 12

1. all violations of city and county ordinances
2. all misdemeanors
3. traffic court
4. amounts in controversy $15K OR LESS
5. matters in equity within the jurisdictional amount of county court
6. cases dealing with right to possess land or buildings except as conferred on circuit court

Question 13

Concurrent Jurisdiction

Answer 13

County and circuit court have concurrent jurisdiction over landlord tenant and real property lien foreclosure cases that do not exceed 15K