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Pamela B. Stuart v. Catherine S. Ryan, et al.

Paid petition · District Court of Appeal of Florida, Fourth District, No. 4D16-3921 · judgment November 29, 2017


Certiorari denied · October 1, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Takings Clause applies to the decisions of state courts, and, if so, under what circumstances may this Court review and remedy state judicial takings claims. What remedies are available to a private property owner whose established property rights under state law are extinguished by a state court by a decision that is contrary to established property law in that state? Whether the judicial decisions of the Florida state trial and appellate courts that contravened Petitioner's established property rights under Florida law in her permanent residence in Florida (a homestead protected from forced sale by the Florida Constitution), her one-third interest in her father's homestead which she acquired by inheritance, and a one-third interest in the personal property belonging to her deceased parents under the property laws and Constitution of the State of Florida constituted judicial takings in violation of the Takings Clause and the Due Process Clause of the Fifth Amendment to the U.S. Constitution as applied to the States by the Fourteenth Amendment thus entitling her to just compensation by the State of Florida?

Counsel of record

For petitioner
Pamela B. Stuart

For respondent
Catherine S. Ryan

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Aug 29 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Jul 24 2018
    Waiver of right of respondent Deborah Stuart to respond filed.
  4. Jul 24 2018
    Waiver of right of respondent Catherine S. Ryan to respond filed.
  5. Jul 09 2018
    Petition for a writ of certiorari filed. (Response due August 17, 2018)