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Katherine Henry, et vir v. City of Ormond Beach, Florida

IFP petition · District Court of Appeal of Florida, Fifth District, No. 5D2024-0915 · judgment June 10, 2025


Certiorari denied · January 12, 2026

Questions presented

The lower tribunals committed harmful errors by violating Henrys’ right to Equal Protection, issuing orders violating state and local laws, and issuing orders forcing Henrys into LDC noncompliance. The lower tribunals’ harmful errors also included violating Henrys’ rights to protection against excessive fines. These harmful errors have adversely affected Henrys’ substantial rights, resulting in a miscarriage of justice, which can only be remedied through granting this Petition and overturning the entirety of Magistrate’s orders (and circuit court order portions upholding Magistrate’s orders). Moreover, these harmful errors implicated four important questions of federal law which this Court should address in order to protect the inherent rights of millions of Americans across the country. 1.​ Whether, in a class of one Equal Protection claim, three distinct offenses (being simultaneously appealed) should be combined for purposes of defining the class of those similarly situated. 2.​ Whether a homeowner may be ordered to take action that would force their property into noncompliance with local law. 3.​ Whether fines (and liens) may properly be imposed when there is no alleged harm caused by an offense. 4.​ Whether a never-ending daily fine is grossly disproportionate to a malum prohibitum one-time act.

Counsel of record

For petitioner
Katherine Lindsey Henry
Restore Freedom, P.C.

For respondent
Abraham Cartledge McKinnon
McKinnon & McKinnon Attomeys at Law, P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 04 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Nov 26 2025
    Waiver of right of respondent City of Ormond Beach, FL to respond filed.
  4. Sep 30 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 8, 2025)