Bothe v. Hansen (U.S. Oct. 05, 2009)

By Brian Willis on October 9, 2009 12:39 PM | Permalink | Comments (0) | TrackBacks (0)

The Florida Courts have been light on rules cases lately, so today's post is about the U.S. Supreme Court, which just denied a Petition for Certiorari on the following issues:

QUESTIONS PRESENTED
1. Florida's intermediate appellate courts decide over 80% of the appeals they hear with per curiam orders issued without opinions and the losing party has no right to seek further review of these summary dispositions by the Florida Supreme Court. Does this procedure deny the losing party due process or the equal protection of the laws?
2. Is an appellant denied procedural due process when Florida's Second District Court of Appeal, a court of last resort, refuses to include in the record and consider evidence relevant to the her claim of error by the lower court?

The Petition was brought by Sarasota attorney Carl J. Robie, III and Massachusetts attorney Dennis P. Derrick. In opposition was another Sarasota attorney Susan J. Silverman.

Ironically the U.S. Supreme Court's opinion stated in full: "The petition for writ of certiorari is denied."

I am not surprised that the Supreme Court declined to wade into this issue, but I think it is a problem that needs to be addressed at the State level. The Florida Supreme Court's docket is presently dominated by death penalty cases, leaving a gap in authoritative Florida Supreme Court decisions on many issues.

The briefs are not publicly available, but I will post them here if they are sent to me.

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Brian Willis is licensed to practice law in Florida. He is an attorney with Becker & Poliakoff in the firm's Tampa Bay office, which is located at 311 Park Place Blvd., Suite 250, Clearwater, FL 33759.

Jason Baruch is licensed to practice law in Florida. He is an attorney with Trenam Kemker in the firm's Tampa Bay office, which is located at 101 E. Kennedy Boulevard, Suite 2700, Tampa, FL 33602.

Disclaimer – This website is prepared and maintained by Brian Willis. The text of the rules has been compiled from the Rules of Civil Procedure available on the Florida Bar's Website. All information contained herein is presented in good faith and subject to change, errors, and omissions at any time. Accuracy and reliability of such information is neither guaranteed nor warranted. This web site information is provided on an "as is" basis. The user expressly agrees that the use of www.floridacivpro.com is at the user's sole risk. FloridaCivPro.com is not an official Florida government web site. It is for informational purposes only and is not meant to constitute the giving of legal advice. If you need a lawyer in Florida, please contact The Florida Bar's Lawyer Referral Service. Comments? Suggestions? Mistakes? email: willisb at gmail.com.

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Bothe v. Hansen (U.S. Oct. 05, 2009)

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