No. 18-7190

Zachary Q. Wicks v. Jon H. Radnothy, et al.

Lower Court: Florida
Docketed: 2018-12-27
Status: Denied
Type: IFP
IFP
Tags: appeal constitutional-rights due-process evidence fourteenth-amendment judicial-procedure medical-malpractice statute-of-limitations testimony trial-court
Latest Conference: 2019-03-01
Question Presented (from Petition)

1. Did the trial court deny Petitioner's due process rights, guaranteed under the Fourteenth Amendment of the Constitution of the United States and under Article 1 Section 9 of the Constitution of the State of Florida, when it refused to allow testimony or review evidence presented in support of Petitioner's assertion that the medical malpractice complaint had been timely filed within the statute of limitations?

Why has the Florida Fifth District Court of Appeal entered a decision in direct conflict with decisions of the Supreme Court of Florida and all other Florida District Courts of Appeal on the statute of limitations and Petitioner's due process rights?

Did the Florida Fifth District Court of Appeal sanction the trial court's departure from the accepted and usual course of judicial proceedings by affirming the trial court's decision without a written opinion, violate Petitioner's due process rights under the Fourteenth Amendment of the Constitution of the United States and Article 1 Section 9 of the Constitution of the State of Florida, and deny Petitioner access to the courts under Article 1 Section 21 of the Constitution of the State of Florida?

Question Presented (AI Summary)

Did the trial court deny Petitioner's due-process rights when it refused to allow testimony or review evidence presented in support of Petitioner's assertion that the medical-malpractice complaint had been timely filed within the statute-of-limitations?

Docket Entries

2019-03-04
Petition DENIED.
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2019-01-28
Brief of respondents Jon H. Radnothy, et al. in opposition filed.
2018-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 28, 2019)

Attorneys

Jon H. Radnothy, et al.
Kevin T. O'HaraBeytin McLaughlin McLaughlin O'Hara Kinman & Bocchino, Respondent
Zachary Q. Wicks
Zachary Q. Wicks — Petitioner