Page 111 - Akerman | 2016 Guide to Doing Business in Florida

The Florida Supreme Court may review a trial court order certified by
a district court of appeal as being of great public importance or to
have a great effect on the administration of justice throughout the
state and requiring immediate resolution by the Florida Supreme
Court.

The Florida Supreme Court may review a question of Florida law
certified by the Supreme Court of the United States or by a United
States Court of Appeals which is deemed to be determinative of an
issue governed by Florida law in a federal case for which there is no
controlling precedent of the Florida Supreme Court.

The Florida Supreme Court has the constitutional authority to issue
the extraordinary writs of prohibition, mandamus, quo warranto, and
habeas corpus and to issue all other writs necessary to the complete
exercise of its jurisdiction. These writs, which bear names as ancient
as their common-law origins, have been considered indispensable to
our legal system, and the Florida Constitution specifically authorizes
their issuance in a proper case without the necessity of having to
proceed initially to trial. They are by nature “extraordinary,” and for
that reason are not available as an alternative to the usual trial and
appeal. Both by their historical development and by current judicial
decisions, the writs are made available only in a narrow class of
exceptional cases.

The Florida Supreme Court also renders advisory opinions to the
Governor upon request on questions relating to the Governor’s
constitutional duties and powers and must review voting district plans
submitted by the Legislature. As the state’s highest tribunal, the
Florida Supreme Court possesses distinctive powers that are
essential to the exercise of the state’s judicial power but that are not,
strictly speaking, decision-making powers in contested cases.
The Florida Supreme Court promulgates rules governing the practice
and procedure in all Florida courts, subject to the power of the
Legislature to repeal any rule by a two-thirds vote of its membership,
and the Florida Supreme Court also has the authority to repeal (if five
Justices concur) any rule adopted by the Judicial Qualifications
Commission.
The Florida Supreme Court has exclusive authority to regulate the
admission and discipline of lawyers in Florida. To assist in the
performance of those regulatory powers, the Florida Supreme Court
has adopted rules of professional conduct, established the Florida
Board of Bar Examiners to administer the admissions process, and
created The Florida Bar to superintend bar governance.
(b) District Courts of Appeal

(i) Organization. Most trial court decisions that are appealed never
reach the Florida Supreme Court. Rather, appellate review of trial

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