Jurisdiction to Review a Per Curiam Decision in Florida
In Jenkins v. State, 385 So. 2d 1356, 1359 (Fla. 1980), the Court held that it does not have jurisdiction to review a per curiam affirmed decision without a written opinion where the basis for review is an alleged conflict between that decision and an opinion issued by either this Court or another district court of appeal.
In St. Paul Title Insurance Corp. v. Davis, 392 So. 2d 1304, 1304-05 (Fla. 1980), the Court further held that a petitioner could not utilize the Court's "all writs" jurisdiction to seek discretionary review of a per curiam affirmance without opinion.
In so holding, the Court stated that it would "not allow the 'all writs necessary' provision of section 3(b)(7) to be used to circumvent the clear language of section 3(b)(3) and the Court's holding in Jenkins v. State that it lacks jurisdiction to review per curiam decisions of the several district courts of appeal of this state rendered without opinion when the basis for such review is an alleged conflict of that decision with another."