Petition For Writ Of Quo Warranto

45 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Florida House OF Representatives v. The Honorable Charles J. Crist, Jr.
  999 So. 2d 601· Fla.· 2008-07-03 ·cited 47×
  The Florida Supreme Court held that Governor Crist lacked constitutional authority to unilaterally execute a gaming compact with the Seminole Tribe that legalizes banked card games (blackjack, baccarat) prohibited throughout Florida, finding such action violates the separation of
• Whiley v. Hon. Rick Scott
  79 So. 3d 702· Fla.· 2011-08-16 ·cited 27×
  The Florida Supreme Court held that Governor Rick Scott exceeded his constitutional authority by issuing Executive Orders 11-01 and 11-72, which required state agencies to obtain approval from the Office of Fiscal Accountability and Regulatory Reform (OFARR) before engaging in ru
• State v. Schreiber
  561 So. 2d 1236· Fla. 4th DCA· 1990-05-16 ·cited 26×
  The court clarifies its prior order regarding a Public Defender's motion to withdraw as counsel in 200 cases due to backlog, denying withdrawal in 100 cases while explaining the reasoning.
• Barnett v. Antonacci
  122 So. 3d 400· Fla. 4th DCA· 2013-08-28 ·cited 23×
  Steven Barnett, the crime victim, appealed the dismissal of his petition seeking a writ of mandamus to prevent the State Attorney from entering a nolle prosse dismissing charges against the defendant. The Fourth District Court of Appeal affirmed the dismissal, holding that a pros
• Henry & Rilla White Found., Inc. v. Migdal
  720 So. 2d 568· Fla. 4th DCA· 1998-10-01 ·cited 21×
  The court denied the Public Defender's motion to withdraw due to an excessive caseload, finding that it could not micromanage the Public Defender's office while also ensuring timely appellate review for indigent defendants.
• Gulfstream Park Racing Ass'n, Inc. v. Dep't OF Bus. Reg.
  441 So. 2d 627· Fla.· 1983-12-01 ·cited 19×
  The Florida Supreme Court resolved a conflict between two appellate decisions regarding whether Florida's statute governing the allocation of thoroughbred racing dates unlawfully delegated legislative power to the Florida Pari-mutuel Commission. The Court held the statute constit
• D.R. Horton v. Peyton
  959 So. 2d 390· Fla. 1st DCA· 2007-06-18 ·cited 16×
  D.R. Horton challenged the mayor's veto of a City Council resolution approving a fair share assessment contract for a large mixed-use development in Jacksonville. The court affirmed the veto, holding that the Council's approval of the fair share contract was a legislative policy
• Elledge v. Graham
  432 So. 2d 35· Fla.· 1983-04-14 ·cited 16×
  The court denied all petitions for extraordinary relief, including writs of habeas corpus and quo warranto, and affirmed the denial of a motion to vacate judgment and sentence, holding that a guilty plea waives the right to appeal prior rulings and that a death sentence can be ca
• Grant v. State
  474 So. 2d 259· Fla. 1st DCA· 1985-06-07 ·cited 14×
  The court held that the circumstantial evidence was sufficient to exclude any reasonable hypothesis of innocence and that the trial court's procedural errors were harmless.
• State v. Bennett Brummer and Robin H. Greene and Rory S. Stein
  443 So. 2d 957· Fla.· 1984-01-12 ·cited 14×
  The Florida Supreme Court held that the state public defender lacks statutory authority to accept appointments from federal courts to represent indigent defendants in federal habeas corpus proceedings. While finding the respondents exceeded their authority, the Court declined to
• Israel v. DeSantis
  269 So. 3d 491· Fla.· 2019-04-23 ·cited 13×
  The Florida Supreme Court affirmed a lower court's dismissal of a Sheriff's petition challenging his suspension. The court held that the Governor's executive order suspending the Sheriff for neglect of duty and incompetence contained sufficient factual allegations to meet the con
• Crews v. Fla. Pub. Emp'rs Council 79
  113 So. 3d 1063· Fla. 1st DCA· 2013-06-05 ·cited 12×
  The Florida Department of Corrections and Corizon, Inc. appealed a circuit court injunction blocking a healthcare services contract for prison inmates in three regions. The appellate court reversed, holding that the Department had valid statutory authority to enter the contract a
• Johnson v. Off. OF the State Attorney
  987 So. 2d 206· Fla. 5th DCA· 2008-07-25 ·cited 10×
  A writ of quo warranto is not a proper method for postconviction relief, and challenges to the authority of elected officials must be timely raised.
• Detzner v. Anstead
  256 So. 3d 820· Fla.· 2018-10-17 ·cited 8×
  A writ of quo warranto is improper when petitioners do not allege that a state officer improperly exercised his authority but instead challenge the merits of proposed amendments. Proposed amendments by the Constitution Revision Commission are not subject to the single-subject rul
• SCA Servs. OF Fla., Inc. v. City OF Tallahassee
  418 So. 2d 1148· Fla. 1st DCA· 1982-08-23 ·cited 8×
  SCA Services of Florida challenged municipal annexation ordinances enacted by the City of Tallahassee, but the court affirmed dismissal of its quo warranto action, holding that Chapter 171 of the Florida Statutes provides the exclusive statutory procedure for challenging municipa
• Nollie Lee Martin v. Dugger
  515 So. 2d 185· Fla.· 1987-10-28 ·cited 7×
  Nollie Martin, under a death warrant, petitioned for habeas corpus relief and challenged the trial court's dismissal of his motion for a competency-to-be-executed determination. The Florida Supreme Court held that Martin had not waived his competency claim, that the procedures un
• State of Fla. on the relation of Richard A. Pettigrew & Jerry Thomas v. Kirk
  243 So. 2d 147· Fla.· 1970-12-21 ·cited 7×
  The Florida Supreme Court treated a petition for quo warranto as a petition for writ of prohibition, addressing the timing of appointments for new circuit judges and the issuance of alcoholic beverage licenses based on the 1970 census. The court ruled that new circuit judges coul
• Representative Geraldine F. Thompson v. Governor Ron DeSantis
  301 So. 3d 180· Fla.· 2020-08-27 ·cited 6×
  Representative Geraldine Thompson challenged Governor Ron DeSantis's appointment of Judge Renatha Francis to the Florida Supreme Court, arguing Francis was constitutionally ineligible because she had not been a member of the Florida Bar for the required ten years at the time of a
• League OF Women Voters OF Fla. v. Scott
  232 So. 3d 264· Fla.· 2017-12-14 ·cited 6×
  The Florida Supreme Court dismissed a petition for a writ of quo warranto filed by the League of Women Voters of Florida. The Court held that the petition was not ripe because it sought to challenge a prospective action by the Governor, rather than an action already taken.
• W. Flagler Assocs., Ltd. v. DeSantis
  382 So. 3d 1284· Fla.· 2024-03-21 ·cited 3×
  The Florida Supreme Court denied a petition for writ of quo warranto filed by gaming companies challenging the constitutionality of a gaming compact between the state and the Seminole Tribe that authorized mobile sports betting. The Court held that quo warranto is not an appropri
• Fla. Dep't of Corr. v. Julianne M. Holt
  373 So. 3d 969· Fla. 2d DCA· 2023-11-29 ·cited 3×
  The public defender lacks legal authority to represent an inmate in a civil restitution lien proceeding because such proceedings are civil in nature, do not threaten liberty interests, and fall outside the scope of representation authorized by section 27.51, Florida Statutes.
• Hon. Andrew H. Warren v. DeSantis
  365 So. 3d 1137· Fla.· 2023-06-22 ·cited 3×
  Governor Ron DeSantis suspended Florida State Attorney Andrew Warren in August 2022 for neglect of duty and incompetence based on Warren's stated non-enforcement policies regarding certain crimes. Warren petitioned the Florida Supreme Court for a writ of quo warranto more than si
• Adm'r, Retreat Hosp. v. The Honorable W. Clayton Johnson of the Cir. Court of the Seventeenth Jud. Cir. In & For Broward Cnty.
  660 So. 2d 333· Fla. 4th DCA· 1995-08-30 ·cited 3×
  Hospital sought writs of prohibition and quo warranto to prevent a trial court from expanding judicial review of Baker Act transportation procedures beyond the original habeas corpus petitions filed by the Public Defender. The court held that while the trial court had jurisdictio
• Worrell v. DeSantis
  386 So. 3d 867· Fla.· 2024-06-06 ·cited 2×
  The Florida Supreme Court upheld Governor Ron DeSantis's suspension of State Attorney Monique Worrell, finding that Executive Order 23-160 satisfied the constitutional requirement to state grounds for suspension. The court applied a deferential review standard, holding that the o
• Floridians Protecting Freedom, Inc. v. Passidomo
  Fla.· 2024-08-21 ·cited 1×
  The Florida Supreme Court denied a quo warranto petition challenging the Financial Impact Estimating Conference's authority to issue a revised financial impact statement for a proposed abortion amendment, holding that the petitioners waived their right to challenge the Conference
• Diyonne McGraw v. Governor Ron DeSantis
  358 So. 3d 1279· Fla. 1st DCA· 2023-04-12 ·cited 1×
  The appellate court dismissed an appeal concerning a school board vacancy as moot because the appellant was re-elected to the seat after district boundaries were redrawn to include her residence. The court found no practical relief could be granted due to the intervening events.
• Boan v. Fla. Fifth Dist. Court of Appeal Jud. Nominating Comm'n & Geraldine F. Thompson
  352 So. 3d 1249· Fla.· 2022-12-15 ·cited 1×
  The Florida Supreme Court held that the constitutional residency requirement for judges attaches at the time of gubernatorial appointment, not at the time of nomination by judicial nominating commissions. The Court denied petitions seeking to invalidate the nominations of nonresi
• Bryan v. Governor Ron DeSantis
  343 So. 3d 127· Fla. 1st DCA· 2022-05-25 ·cited 1×
  The court denied a petition seeking to overturn the Governor's "blanket policy" of denying clemency applications for murderers and felony sex offenders. The court found that the "all writs" jurisdiction was not applicable and that the Governor has broad discretion in clemency dec
• State v. Grate
  252 So. 3d 351· Fla. 5th DCA· 2018-07-27 ·cited 1×
  The State of Florida appealed a circuit court's denial of its petition for a writ of quo warranto challenging the Office of Public Defender's authority to intervene in civil traffic infraction cases. The court reversed, holding that public defenders lack statutory authority to re
• Claircius v. Claircius
  Fla. 6th DCA· 2026-10-09
  A trial court's order determining personal jurisdiction in a dissolution of marriage proceeding is appealable and affirmed where the record supports jurisdiction.
• Washington v. Justice
  Fla. 2d DCA· 2026-10-07
  The submission of fictitious case citations in an appellate brief is sanctionable conduct that abuses the adversary system and wastes court resources, and such sanctions may be imposed under existing rules without retroactive application of amended rule 2.515(d)(2).
• Bailey v. Laurie
  Fla. 1st DCA· 2025-08-06
  The Full Faith and Credit Clause does not require Florida to substitute another state's statutes for its own statutes regarding the restoration of civil rights following a federal felony conviction. Even if Florida were required to honor Missouri's treatment of federal conviction
• Salatiel Velazquez Hernandez v. J. Sterling Quality Roofing, Inc.
  Fla. 1st DCA· 2020-10-21
  The appellate court dismissed a claimant's petition for extraordinary writs, finding no irreparable harm. It also affirmed the Judge of Compensation Claims' dismissal of a petition for benefits, ruling that the judge lacked jurisdiction due to a pending prior appeal.
• Alphonso James, Sr. v. Amira Dajani Fox
  Fla.· 2020-08-27
  A state prisoner who has filed thirty-four meritless petitions over nearly three decades may be barred from filing future pro se pleadings related to his criminal cases and referred for disciplinary action under Florida Statute § 944.279.
• Scott v. DeSantis
  9th Cir. Ct. App. Div.· 2019-05-14
  A criminal defendant challenged the reassignment of his prosecution from State Attorney Aramis Ayala to State Attorney Brad King, arguing the Governor exceeded his authority and violated constitutional rights. The court denied the petition for writ of quo warranto, finding itself
• State v. Off. of the Pub. Def.
  249 So. 3d 790· Fla. 5th DCA· 2018-07-27
  The Office of the Public Defender does not have authority to intervene in civil traffic infraction cases.
• State v. Off. of PD
  Fla. 5th DCA· 2018-07-23
  The Office of the Public Defender lacks authority to intervene in civil traffic infraction cases.
• State v. Grate
  Fla. 5th DCA· 2018-07-23
  The Office of Public Defender lacked statutory authority to represent indigent defendants in collaterally attacking prior civil traffic infraction adjudications, as section 27.51, Florida Statutes, limits public defender representation to criminal offenses threatening liberty and
• State v. Thompson
  79 So. 3d 933· Fla. 1st DCA· 2012-02-17
  The State of Florida petitioned for a writ of prohibition to disqualify a circuit court judge who directed the State Attorney to personally appear at a resentencing hearing. The appellate court granted the prohibition petition, finding that the judge's actions and comments would
• Johnson v. State
  Fla. 3d DCA· 2011-09-28
  The court denied the motion to enforce mandate and issued an order to show cause why the appellant should not be prohibited from filing further pro se pleadings and sanctioned.
• Nw. Fla. Water Mgmt. Dist. v. Dep't OF Cmty. Affairs
  7 So. 3d 1129· Fla. 1st DCA· 2009-03-10
  The court granted a petition for a writ of quo warranto, finding that the Department of Community Affairs (Department) exceeded its authority by requiring property owners to obtain permits for wells. The court held that the Northwest Florida Water Management District has exclusiv
• Wali Saleem v. Off. OF the State Attorney
  993 So. 2d 76· Fla. 5th DCA· 2008-09-19
• Harma Miller and Mary R. Wilkerson v. The City OF Belle Glade Canvassing Bd.
  790 So. 2d 511· Fla. 4th DCA· 2001-06-27
  The court held that the election contest was timely filed under the ten-day provision of section 102.168(2), Florida Statutes, and the trial court erred in applying the five-day rule.
• Amendment TO Fla. Rules OF App. Procedure-Rule 9.100(g)
  760 So. 2d 74· Fla.· 1999-11-24
  The Florida Supreme Court amended Florida Rule of Appellate Procedure 9.100(g), (j), and (k) to impose page limits on original writ petitions, responses, and replies, limiting petitions and responses to 50 pages and replies to 15 pages, following a prior direction to the Appellat
• State ex rel. William H. Roundtree v. Johnson
  247 So. 2d 54· Fla.· 1971-04-21
  The Florida Supreme Court upheld the appointment of Clarence T. Johnson, Jr. as a circuit judge based on a special census authorizing an additional judgeship, rejecting the argument that the appointment was invalidated by the subsequent certification of the 1970 Federal decennial