Wells v. State
132 So.3d 1110 (2014)
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Rule of Law:
The Florida Supreme Court lacks discretionary jurisdiction to review an unelaborated per curiam dismissal from a district court of appeal that either is issued without a written opinion or merely cites to controlling authority without discussing the facts or expressly addressing a question of law.
Facts:
- Arrington R. Wells was given an enhanced sentence as a Prison Release Reoffender (PRR).
- The qualification for Wells's PRR status was based on a release date from a temporary detention.
- Wells contended that using a release from temporary detention to qualify him as a PRR was improper, making his enhanced sentence illegal.
- Wells sought to challenge the legality of this sentence.
Procedural Posture:
- Arrington R. Wells filed a petition in the First District Court of Appeal to invoke its all writs jurisdiction to challenge his sentence.
- The First District Court of Appeal issued an unelaborated per curiam decision dismissing Wells's petition, citing the authority of two prior cases.
- Wells then filed a notice to invoke the discretionary jurisdiction of the Florida Supreme Court, alleging the First District's decision conflicted with decisions from other district courts.
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Issue:
Does the Florida Supreme Court have discretionary jurisdiction under article V, section 3(b)(3) of the Florida Constitution to review a district court of appeal's unelaborated per curiam dismissal that merely cites to established case law?
Opinions:
Majority - Per Curiam
No, the Florida Supreme Court does not have discretionary jurisdiction to review such a decision. The Court's jurisdiction under the Florida Constitution requires that a lower court decision "expressly" address a legal issue to create a basis for review, such as resolving a conflict between districts. A per curiam dismissal that is unelaborated or merely cites to authority does not provide any legal reasoning or analysis for the Supreme Court to review. The court extended its prior holdings, which denied jurisdiction over unelaborated per curiam affirmances (Jenkins v. State) and denials (Gandy v. State), to now include unelaborated per curiam dismissals, finding the same jurisdictional analysis applies.
Concurring - Lewis, J.
Justice Lewis concurred in the result of the case without providing a separate written opinion or reasoning.
Analysis:
This decision solidifies and expands the Florida Supreme Court's jurisdictional limitations regarding unelaborated per curiam decisions from district courts of appeal. By explicitly applying its reasoning from cases involving affirmances and denials to dismissals, the Court closes a procedural loophole and clarifies the scope of its discretionary review. The practical effect is to streamline the Court's docket by authorizing its clerk to administratively dismiss such petitions, but it also reinforces a significant barrier for litigants whose cases are dismissed at the appellate level without a written explanation.
