No. 18-9309

Valentin Spataru v. Harmony Healing Center

Lower Court: Florida
Docketed: 2019-05-17
Status: Denied
Type: IFP
IFP
Tags: access-to-justice appellate-rules civil-procedure civil-rights court-procedure due-process judicial-discretion legal-assistance legal-dismissal standing
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether a County or State Court may dismiss a complaint without due process

Question Presented (OCR Extract)

QUESTIONS PRESENTED . 1. Whether a County or State Court, including a Monroe County Court, may dismiss a complaint without due process, for failure to comply initially with what must be written in the Motions, thus, affirming the prior and encouraging future cruel and undue punishment. This question is of great national importance because attorneys will not take many cases, ~90%, due to their lack of available time, and many claimants lack the necessary mental! skills after an injury to study, understand and memorize promptly and completely the Laws and Courts' Procedures to prove their complaints themselves without good faith assistance from the Legal System. The dismissal was in conflict with the decisions of this Court in Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U. S. 238, 248, which stated that courts must exercise their equity powers in order to “relieve hardships ... aris[ing] from a . hard and fast adherence” to more absolute legal rules. “Mere [...] inadvertence in complying [...] is , _ rarely enough to justify dismissal.” Commonwealth Fed. Sav. and Loan Ass'n v. Tubero, 569 So. 2d 1271, 1273 (Fla. 1990). Moreover, “an ‘informal brief’ filed after a defective notice of appeal counted , as a valid notice of appeal. Smith v. Barry, 502 U.S. 244, 248.” Gonzalez v. Thaler, 132 S. Ct. 641. In addition, “the court's discretion can be properly exercised only after the court has made an adequate inquiry into all of the surrounding circumstances.” Richardson v. State, 246 So.2d at 15 (la.1971), and “the interests of justice would be better served by addressing the merits”. Overton v. Jones, 155 F. Supp. 3D 1253; “The harsh sanction of dismissal of the appeal is inappropriate in this case, as this was not a case of extreme, willful misconduct by petitioner or counsel, or an intentional disregard of court orders or appellate rules rising to the level of inexcusable neglect. See Kaloyios v. Regal Homes of Cent. Fla., Inc., 967 So.2d 1035 (Fla. 5th DCA 2007); Gillespie v. City of Destin, 946 So.2d 1195 (Fla. Ist DCA 2006) [“Florida Rule of Appellate Procedure 9.410 specifically requires that, before any ) sanction is imposed for a violation of the rules of appellate procedure, the party to be sanctioned VALENTIN SPATARU vs HARMONY ..-— SCOTUS 03/20/19, page ii receive ten ‘days' notice.” Ibid.]. While the appellate division of the circuit court has discretion in managing its docket, we conclude that petitioner has demonstrated a departure from the essential requirements of law resulting in a miscarriage of justice in this case.” United Auto. v. Cty. Line Chiro, 8 So. 3d 1258 (Fla. Dist. Ct. App. 2009). 2. Whether a County or State or Federal Court, including the Courts in and for Monroe County, should offer professional, independent legal help, free or for credit or loan given from the public budget, in civil cases to victims who cannot prove their complaints themselves promptly because they lack the necessary mental skills after an injury. Without such assistance, the victims will not be able to prove their claims, thus will not be compensated, and the perpetrators will not be punished, thus will be encouraged to cause suffering to more persons, thus to vitiate and impair our communities and even kill. We need to stop and treat all offenders ASAP to prevent any future harm to anyone else. This question is of great national importance too.

Docket Entries

2019-10-07
Petition DENIED.
2019-07-05
DISTRIBUTED for Conference of 10/1/2019.
2019-03-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)

Attorneys

Valentin Spataru
Valentin Spataru — Petitioner
Valentin Spataru — Petitioner