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Usha Jain, et vir v. David Barker, et al.

Paid petition · District Court of Appeal of Florida, Fifth District, No. 5D18-1215


Certiorari denied · December 16, 2019
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

Can State officers in the trial court and appellate court act directly in conflict with well-established precedent set by the Supreme Court which recommends that pro se litigants be given leniency but in the instant two cases there was an abuse of power against pro se status? Whether this Court should resolve the question of the Federal Law of the Constitution’s prohibition against discrimination based on litigants’ pro se status and color by the state officers who were not following the law. (e.g. Constitution, Florida Statutes etc.). These are issues of great public importance concerning the Constitutional rights of colored people, with far reaching implications to the public where people lose their houses and lifesavings. This court needs to resolve a question of Federal law of fundamental due process. Can judicial officers violate fundamental due process by not holding the hearing per notice, stop a pro se litigant in the middle of the hearing and also prevent a meaningful hearing with a threat of the contempt of the court? This Court should resolve the conflicting decision of the state court of last resort with other state courts of last resort and also conflicting decision of other states regarding mandatory pre suit mediation FS 720.311. This is a question of exceptional importance in order to prevent clogging of the docket with noncompliant suits?

Counsel of record

For petitioner
Usha Jain

For respondent
Mya M. Hatchette
Winderweedle, Haines, Ward & Woodman, P.A.

Case

Conference history
Distributed for 1 conference

Linked docket
18A1204

Proceedings

  1. Dec 16 2019
    Petition DENIED.
  2. Nov 26 2019
    DISTRIBUTED for Conference of 12/13/2019.
  3. Oct 30 2019
    Supplemental brief of petitioners Usha Jain, et al. filed.
  4. Oct 30 2019
    Waiver of right of respondent Bay Hill Property Owners Association, Inc. to respond filed.
  5. Jul 29 2019
    Petition for a writ of certiorari filed. (Response due November 12, 2019)
  6. Jun 20 2019
    Application (18A1340) granted by Justice Thomas extending the time to file until August 31, 2019.
  7. Jun 13 2019
    Application (18A1340) to extend time to file a petition for a writ of certiorari from July 2, 2019 to August 31, 2019, submitted to Justice Thomas.
  8. May 23 2019
    Application (18A1204) granted by Justice Thomas extending the time to file until July 27, 2019.
  9. May 16 2019
    Application (18A1204) to extend the time to file a petition for a writ of certiorari from May 28, 2019 to July 27, 2019, submitted to Justice Thomas.