Chapter 11-8 Certiorari Review

11-8 Certiorari Review

A petition for certiorari review by the appellate court is the appropriate means by which to challenge a trial court order compelling production of privileged or trade secret information.⁵¹ It is interlocutory in nature, meaning that it can be filed prior to disposal of the case, provided it is properly filed within 30 days of the date on which the order to be challenged is issued.⁵² The petition must contain a fully briefed analysis of the basis of jurisdiction, the facts, argument with citations of authority, and a request for relief.⁵³ Absent a clear abuse of discretion or a departure from the essential requirements of law,⁵⁴ Florida appellate courts will defer to the discretion of the trial courts and will not disturb their rulings on matters relating to discovery.⁵⁵ Even so, certiorari relief from Florida appellate courts is itself discretionary, and an appellate court may decline to grant relief even where a trial court departs from the essential requirements of law.⁵⁶

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Notes:

^[51] Westco, Inc. v. Scott Lewis' Gardening & Trimming, Inc., 26 So. 3d 620 (Fla. 4th DCA 2009); Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1099 (Fla. 1987) (review by certiorari is appropriate when a discovery order departs from the essential requirements of law, causing material injury to a petitioner throughout the remainder of the proceedings below and effectively leaving no adequate remedy on appeal); but see Heekin v. Del Col, 60 So. 3d 437 (Fla. 1st DCA 2011) ("Mere legal error is insufficient to constitute a departure from the essential requirements of law but the error must amount to a violation of a clearly established principle of law and resulting in a miscarriage of justice.") (internal quotation marks and citations to authority omitted).

^[52] Fla. R. Civ. P. 9.100(c). In addition to filing a Notice of Appeal with the trial court, the petition or other notice invoking the appellate court's jurisdiction must be filed with the appellate court within 30 days of the lower court's order; otherwise the appellate court lacks jurisdiction. See Hoyt v. Commonwealth Land Title Ins. Co., 532 So. 2d 72 (Fla. 2d DCA 1988); Fla. R. App. P. 9.100(b) and (c).

^[53] Fla. R. App. P. 9.100(g).

^[54] "A departure from the essential requirements of the law is more than simple legal error; rather it is 'a violation of a clearly established principle of law resulting in a miscarriage of justice.'" Trucap Grantor Trust 2010-1 v. Pelt, 84 So. 3d 369, 371 (Fla...