Standards of Review in Appellate Courts (continued – Section E)

E. STANDARD OF REVIEW FOR PETITION FOR CERTIORARI

1. When the discretionary jurisdiction of the appellate court is invoked, the standard of review is whether the lower court departed from the essential requirements of law. Vermette v. Ludwig, 707 So.2d 742 (Fla. 2d DCA 1997).

2. This standard of review is considered a higher standard than the direct review standard in that it is more difficult to demonstrate a departure from the essential requirements of the law than to demonstrate substantial error or lack of competent substantial evidence. See Hartman v. State, 346 So.2d 1043 (Fla. 1st DCA 1977) (demonstrating that standard of review in discretionary cases is more restrictive and limited than direct review standard).

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