Supreme Court of the United States · Official docket →
David W. Foley, Jr., et ux. v. Orange County, Florida, et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 24-14143 · judgment October 29, 2025
Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.
Question presented
Federal Rule of Civil Procedure 60(b)(4) requires courts to vacate judgments entered outside the issues pleaded. Reynolds v. Stockton, 140 U.S. 254 (1891). The question here is whether the law-of-the-case doctrine permits a court to skip that determination. The question presented is: Whether Rule 60(b)(4) requires a court to vacate a judgment that decides a matter entirely outside the issues pled, and prohibits a court from using the law of the case doctrine to avoid making that determination.
Counsel of record
For petitioner
David W. Foley Jr.
For respondent
Lee Bernbaum
Orange County Attorney's Office
Case
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 5, 2026 · Certiorari denied
Proceedings
- Oct 05 2026Petition DENIED.
- Jul 01 2026DISTRIBUTED for Conference of 9/28/2026.
- Jun 23 2026Waiver of right of respondents Tim Boldig; Mitch Gordon; Tara Gould; Carol Hossfield; Rocco Relvini; Phil Smith to respond filed.
- Jun 23 2026Waiver of right of respondent Orange County, Florida to respond filed.
- Mar 23 2026Petition for a writ of certiorari filed. (Response due June 25, 2026)