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I am trying to write a brief for writ of certiorari, writ of mandamus and writ of habeas corpus to the 2nd DCA Florida. I got the phrase manifest constitutional error from Black's Law 9th. I am trying to assert to proper error and differentiate within the brief between manifest, manifest...

Is denial of due process rights manifest constitutional error or just manifest error?

That is another issue up for appeal...my mother was not a party in this case. Intervention was not applied for and therefore a determination for the neccessity thereof could not be ascertained. To my objection, the judge simply stated, I'm going to let her proceed. All of this is in my brief.

The petition for appeal is a writ of certiorari....there were no different finding of facts, just a different ruling. The predecessor judge made specific findings of fact as to why the placement was inappropriate, the successor judge took judicial notice of the prior ruling and transcripts from...

Okay here is the scenario...My mother motioned the court on May 15th to change placement of my children to south carolina. The motion was denied. She again motioned on July 2 and the court again denied. Both times he deemed the placement inappropriate. Then a new judge took the bench and she...

My mother's action wasn't new....it was listed as a renewed motion for change of placement....she then withdrew the motion but the court heard the testimony for change anyway...the predecessor judge ruled 7/2, the new motion was filed 8/11

Is there a legal equivalent to res judicata for a non-final order? And if so what is it? In my situation, a predecessor judge ruled definitively on his final day on the bench that my children were to remain in Florida. Two weeks after the new judge took his place my mother again filed the...