Appellate Practice Section of The Florida Bar

Is the PCA Constitutional?

Is the PCA Constitutional?

“PER CURIAM. Affirmed.” We all know what this is: the infamous PCA, or a district court of appeal’s decision without written opinion. The district courts resolve most cases with PCAs. Lawyers have complained about them for decades. For just as long, judges have vociferously defended their use. My goal isn’t to retread this ground. Instead, it is to address an underexamined issue: their constitutionality. True, Florida courts have stated that litigants do not have a constitutional right to a written opinion.[1] But these statements are unsupported by analysis. This fact, together with the Florida Supreme Court’s adoption of public meaning originalism (PMO), leads me to believe the issue deserves a fresh look. 

Read the full article here. 

Appellate Practice Section of The Florida Bar

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