Supreme Court of the United States · Official docket →
Antonio Perez v. City of Miami, Code Enforcement Board
Paid petition · District Court of Appeal of Florida, Third District, No. 3D22-2130 · judgment March 30, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Petitioner, a US citizen, was deprived of the granny flat in his home by a board where the city had a 99.4% win rate. Review was by appeal only. The city pays a pension to appellate judge. Disqualification was denied. Administrative order received one-word affirmance. 4 unexplained dispositions followed. Pro se briefs were respectful and motivated: Petitioner, a shy Harvard MBA graduate [GMAT entry test 760 vs. 708 class average], and foreign-trained attorney, had studied intensively in a Jesuit law school in Spain. Local entities and FDR share regulatory nature. An entity can also be as aggressive to a lower court as FDR was to this Court. In 1816 Jefferson noticed that lower courts lack protections: He was not amused. The questions presented are:
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Whether the “appellate review model” is contrary to evidentiary standard protections, one of them being Addington v. Texas, 441 U.S. 418 (1979).
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Whether elaborated dispositions in non-en banc courts are a substantive due process protection.
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Whether preponderance of the evidence is insufficient standard in civil enforcement.
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Whether Brady v. Maryland, 373 U.S. 83
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applies to civil enforcement.
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Whether a private party retains one peremptory disqualification in non-era banc courts.
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Whether judges hold office during good behavior.
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Whether State Supreme Court’s discretionary jurisdiction is a substantive due process protection.
Counsel of record
For petitioner
Antonio Perez
For respondent
Kerri Lauren McNulty
City of Miami, Office of the City Attorney
Case
Conference history
Distributed for 3 conferences
Proceedings
- Dec 11 2023Rehearing DENIED.
- Dec 01 2023Rescheduled.
- Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
- Nov 08 2023DISTRIBUTED for Conference of 12/1/2023.
- Oct 27 2023Petition for Rehearing filed.
- Oct 02 2023Petition DENIED.
- Aug 30 2023DISTRIBUTED for Conference of 9/26/2023.
- Aug 25 2023Waiver of right of respondent City of Miami, et al. to respond filed.
- Aug 08 2023Petition for a writ of certiorari filed. (Response due September 18, 2023)