THE THRESHOLD OF CERTIORARI
Posted By Robert Sparks || Mar 17, 2014
In short, Certiorari is a formal written order issued by a court seeking judicial review. The formal written order (also known as a writ) is typically issued by a superior court, directing an inferior court to send the record of the court proceedings to be reviewed. However, there is a threshold that must be reached before determining whether to grant certiorari.
A recent case from Florida’s 1st District Court of Appeal addressed the threshold. In Safeco Insurance Co. V. Rader, 39 Fla. L Weekly D425 (Fla. 1st DCA February 21, 2014) the plaintiff was suing his UM carrier for bad faith. After the defendant unsuccessfully attempted to move the case to Federal Court, the insurance company appealed, which was treated as a petition for writ of certiorari.
The 1st DCA held that the threshold that must be reached when determining whether to grant certiorari is whether there is a material injury that cannot be corrected on appeal. Material injury can be defined as irreparable harm. The appellate court found that a delay in the ability to remove a case to federal court is not irreparable harm under previous decisions rendered by Fla. Supreme Court. Given that no irreparable harm was shown, the appellate court denied certiorari.
Victims who enter litigation against insurance companies can expect a wide variety of legal tactics and maneuvering. This maneuvering includes addressing and analyzing appellate remedies. As a result, it is always encouraged that personal injury victims seek the advice of an attorney to ensure all issues are addressed and to ensure that expectations are clear for what lies ahead. If you or someone you know may have a legal claim against an insurance company we invite you to call Givens Givens Sparks for a case evaluation.