The Florida Bar Journal this month contains a fascinating analysis of the legacy of recently deceased former Florida Supreme Court Justice Arthur J. England. If you’ve ever gotten a PCA opinion from a District Court of Appeal and lamented the fact that you couldn’t seek further review from the Florida Supreme Court, it seems you have Justice England to thank. The article goes into great detail about Justice England’s consistent string of concurring and dissenting opinions in the late 1970s, all of which argued that the Florida Supreme Court should not go behind a no-opinion DCA decision to further review the underlying “record proper,” as the Court held it could in Foley v. Weaver Drugs, Inc., 177 So.2d 221, 225 (Fla. 1965). In 1978, then Chief Justice England appointed an Appellate Structure Commission, which analyzed the jurisdiction of the court system and eventually recommended a constitutional amendment to limit the Supreme Court’s jurisdiction. By 1980, the Florida Supreme Court, interpreting it’s new constitutional scope, ruled that it lacked conflict jurisdiction over unelaborated PCAs. See Jenkins v. State, 385 So.2d 1356, 1359 (Fla. 1980).
The article provides lots of interesting background about the political and judicial workings at play to create such a sea-change in the jurisdiction of the Florida Supreme Court, and in the Florida court system as a whole. If you’re a rules geek like me, it is definitely worth the read!