Askew v. Florida Department of Children and Families
Christine Askew sought Florida Supreme Court review of a First District decision reversing a Florida Civil Rights Act judgment on directed-verdict grounds, arguing conflict jurisdiction because the First District 'misapplied' a Third District decision (City of Miami v. Kory). The Court denied review and expressly repudiated 'misapplication jurisdiction,' holding that misapplication alone cannot satisfy article V, section 3(b)(3)'s requirement of express and direct conflict.
Key facts
- Christine Askew sought Florida Supreme Court review of a First District Court of Appeal decision that reversed a Florida Civil Rights Act judgment on directed-verdict grounds.
- Askew argued the First District had 'misapplied' a Third District precedent (City of Miami v. Kory), claiming this misapplication created conflict jurisdiction under Article V, section 3(b)(3) of the Florida Constitution.
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Why it matters
This decision eliminates a long-used avenue for invoking Florida Supreme Court conflict jurisdiction. Appellate practitioners drafting jurisdictional briefs can no longer rely on Gibson, Advanced Chiropractic… — full analysis with a trial
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