NCJ Number
88105
Journal
Judicature Volume: 66 Issue: 8 Dated: (March 1983) Pages: 371-376
Date Published
1983
Length
6 pages
Annotation
The certification authority granted the Florida district courts in 1980 reduces supreme court screening time by involving the district courts in screening those cases which the supreme court should decide on the merits.
Abstract
The Florida district courts may now certify three types of matters to the supreme court: (1) a question certified to be 'of great public importance,' (2) a decision certified to be 'in direct conflict' with a decision of another district court of appeal, and (3) a judgment of a trial court pending before the district court certified to be 'of great public importance, or to have a great effect on the proper administration of justice throughout the State' which needs 'immediate resolution by the supreme court.' The use of the term 'great public importance' as a standard for the first type of certification was intended to broaden district court authority, giving the district courts sufficient flexibility to certify any legal issue they deemed important for supreme court resolution. The 1980 amendment has not reduced the number of district court conflict cases the supreme court accepts for review or the number of opinions rendered on the merits. In fact, a statistical comparison of 1979 and 1981 shows that the supreme court resolved in 1981 more district court cases on the merits, as well as more cases overall, than it did prior to the adoption of the amendment. The real effect of the amendment is the substantial reduction in the amount of time the supreme court spends on its screening responsibility.