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Orlando Bar Group, LLC, et al. v. Ron DeSantis, Governor of Florida, et al.

Paid petition · District Court of Appeal of Florida, Fifth District, No. 5D21-1248 · judgment June 3, 2022

Certiorari denied · February 27, 2023
Pre-decision estimate: 1% cert probability

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

Question presented

During a state of emergency, are there constitutional safeguards, under the Fifth Amendment to the United States Constitution, that prohibit the government from arbitrarily denying property owners substantially all economically beneficial use of their property without a due process opportunity to prove they are not a public nuisance and without providing just compensation?

Counsel of record

For petitioner
David H. Simmons
de Beaubien, Simmons, Knight, Mantzaris and Neal

For respondent
Christopher John Baum
Office of the Attorney General, State of Florida

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 27 2023
    Petition DENIED.
  2. Feb 08 2023
    DISTRIBUTED for Conference of 2/24/2023.
  3. Jan 31 2023
    Waiver of right of respondent DeSantis, Gov. of FL, et al., et al. to respond filed.
    Main Document
  4. Jan 30 2023
    On Petition for a Writ of Certiorari to the Florida Fifth District Court of Appeal of Orlando Bar Group, LLC, et al. not accepted for filing. (February 08, 2023)
  5. Jan 18 2023
    Motion for Leave to File Amended Petition for Writ of Certiorari of Orlando Bar Group, LLC, et al. not accepted for filing. (January 24, 2023)
  6. Jan 10 2023
    Petition for a writ of certiorari filed. (Response due February 13, 2023)
    Petition