Appeals - Extraordinary Writs

Overview of the Appellate Process | Administrative Appeals | Extraordinary Writs | The Florida Supreme Court

Extraordinary writs are a special way of presenting issues to the appellate courts which cannot be presented to them by other means. Florida recognizes the following extraordinary writs: common law certiorari, mandamus, prohibition, quo warranto, habeas corpus, and "all writs powers" writs.

Writs of Common Law Certiorari have several possible uses. The first is the appeal of administrative matters as previously discussed under Administrative Appeals. Certiorari can also be used to challenge non-appealable, non-final orders of the circuit court, and to challenge decisions of the circuit court acting in its appellate capacity to the District court. Note that the Florida Supreme Court does not have the power to review decisions of the District Courts of Appeal by certiorari. See the section on the Florida Supreme Court.

The Writ of Mandamus is used to mandate or to force a governmental official to perform a ministerial duty that the official is required to perform as a duty of his or her office. Mandamus can also be invoked to compel a lower court to follow an order issued by a higher court.

The Writ of Prohibition is an order by a higher court prohibiting a lower court from taking action, such as ruling on a case, because the court is without the jurisdiction to act in a matter. Examples of uses of prohibition include cases where a party has requested that a trial judge be recused from hearing a case or criminal cases where the time for speedy trial or the statute of limitations has expired.

The Writ of Quo Warranto is a civil remedy challenging the right of a person to assume or to hold a public office. Quo warranto is extremely rare, but it can be used to challenge the results of an official appointment or an election to office.

The Writ of Habeas Corpus, Latin for "produce the body," is used by a person detained in custody to challenge the legality of their confinement. Habeas corpus can be used by a person under arrest in jail to challenge the legality of their confinement or by someone confined in a hospital under the Baker Act, used for mental illnesses, or Marchman Act, used for drug and alcohol dependencies, to challenge their continued confinement.

Finally, "All Writs Power" writs encompass the court's right to entertain, in special circumstances, one of the old writs occasionally found in English common law. The court can entertain such a writ if the ends of justice so require and no other suitable remedy is available to the petitioner.