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Maverick
Maverick, Attorney
Category: Traffic Law
Satisfied Customers: 6391
Experience:  20 years experience as a civil trial and appellate lawyer
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How do you file a writ of certiorari to the circuit court to

Customer Question

How do you file a writ of certiorari to the circuit court to contest a decision of a florida DMV hearing officer on a commercial license disqualification?
My husband's got a ticket in PA for "accident involving damage to unattended property" and we paid the ticket and FL interpreted as "Leaving a crash scene".
Here are the facts:
1)It was not a crash, it was a fence that was bent, we have the pictures and we paid to fix the fence. (I have all the pictures, estimates and receipts)
2)We didn't know that by paying the ticket this was going to happen, but because it took so long for FL to notify us we had to file a NUNC PRO TUNC in PA to appeal the ticket after the 30 days.
3)We had a hearing and the officer kept all my receipts and pictures and he stated on the recording "Driver provided proof that he didn't leave the scene and that he repaired the fence", at the end he said it wasn't up to him the decision and that we would have an answer from Tallahassee, 2 days later I get a Final Order signed by him saying the driving privilege was properly disqualified?!
This is clearly a misinterpretation and my husband is out of a job because of a bent fence that was fixed!
Please help!
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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ANSWER:

Rule 9.100(c) of the Florida Rules of Appellate Procedure requires that a petition for writ of certiorari be “filed within thirty (30) days of rendition of the order to be reviewed.” (Emphasis added.) Rule 9.100(g) specifically requires that all petitions for certiorari contain at least the following: 1) the jurisdictional basis; 2) facts entitling petitioner to relief; 3) nature of the relief sought; and 4) argument with appropriate citations. The rule also requires that the petition have on its first page a caption appropriate for the court in which the petition is filed. If the action is a circuit court petition for writ of certiorari, Rule 9.100(f)(2) further requires that the caption contain a statement that the pleading is in actuality a petition for writ of certiorari filed pursuant to Rule 9.100. Typically, placement of a short statement such as “Rule 9.100 Petition for Writ of Certiorari” above the case number ***** satisfy the requirements of the rule.

Here is the full version of these rules.

Here is a sample version that you can use as a go-by.
The petition itself cannot exceed 50 pages in length