Chapter 19-10 Supreme Court Jurisdiction
19-10 Supreme Court Jurisdiction
While it is extremely rare, the Florida Supreme Court occasionally exercises discretionary jurisdiction over a foreclosure case. Even the jurisdiction of the Supreme Court is fettered, however, and foreclosure cases which reach such a level do so primarily as a result of two circumstances:
1. A decision of one of the district courts of appeal passes upon a "question certified to be of great public importance";113 or
2. A decision of one of the district courts of appeal is "certified to be in direct conflict" with a decision from another district court of appeal.114
Absent either of these circumstances (and usually only at the request of a district court of appeal), the Florida Supreme Court is not likely to exercise discretionary jurisdiction, and litigants should not view the Supreme Court as an opportunity to re-litigate the issues on appeal.
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Notes:
[113] Fla. R. App. P. 9.030(a)(2)(A)(v); Arsali v. Chase Home Finance LLC, 121 So. 3d 511 (Fla. 2013).
[114...
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- Chapter 19 Appeals
- CHAPTER 19 Appeals
- Chapter 19-1 Introduction
- Chapter 19-2 Initiating an Appeal
- Chapter 19-3 Preservation of Error
- Chapter 19-4 Appeals Used in Foreclosure Proceedings
- Chapter 19-5 Stay of Action Pending Appeal
- Chapter 19-6 Standards of Review
- Chapter 19-7 Oral Argument
- Chapter 19-8 Attorneys' Fees on Appeal
- Chapter 19-9 Rehearing and Clarification
- Chapter 19-10 Supreme Court Jurisdiction
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