No. 23-1342

David W. Foley, Jr., et ux. v. Orange County, Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2024-06-26
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment administrative-injunction constitutional-provision due-process federal-courts fourteenth-amendment judicial-determination state-courts state-law
Key Terms:
DueProcess FifthAmendment Securities
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the Due Process Clauses of the Fifth and Fourteenth Amendments require federal and state courts to answer the question of state law that the claimant alleges is dispositive of their claim

Question Presented (OCR Extract)

QUESTION PRESENTED The “due process of law” clause of the Fourteenth Amendment gave respondents a categorical duty to secure state court approval before or reasonably after enjoining petitioners’ sale of toucans. The same clause gave state court a duty to judicially determine the question of state law petitioners raised to defend their right to sell toucans. However, after seventeen years of percolating in state and federal courts, there is still no judicial determination that the respondents’ continuing local administrative injunction of petitioners’ sale of toucans is consistent with the Florida constitutional provision that petitioners have always pled as their complete defense to that injunction — Article IV, Section 9, Florida Constitution. Nevertheless, the Eleventh Circuit rejected the petitioners’ due process claim and refused, for a second time in this case, to even acknowledge their defense in Article IV, Section 9, Florida Constitution. The question presented by this petition is: Whether the Due Process Clauses of the Fifth and Fourteenth Amendments require federal and state courts to answer the question of state law that the claimant alleges is dispositive of their claim.

Docket Entries

2024-10-07
Petition DENIED.
2024-08-23
Supplemental brief of petitioners David W. Foley, et al. filed. (Distributed)
2024-08-07
DISTRIBUTED for Conference of 9/30/2024.
2024-07-01
Waiver of right of respondent Orange County, Florida to respond filed.
2024-06-28
Waiver of right of respondents Tim Boldig, Mitch Gordon, Tara Gould, Carol Hossfield, Rocco Relvini, Phil Smith to respond filed.
2024-06-17
2024-05-08
Application (23A992) granted by Justice Thomas extending the time to file until June 20, 2024.
2024-04-28
Application (23A992) to extend the time to file a petition for a writ of certiorari from May 21, 2024 to July 20, 2024, submitted to Justice Thomas.

Attorneys

David W. Foley, et al.
David W. Foley Jr. — Petitioner
Orange County, Florida
Lee BernbaumOrange County Attorney's Office, Respondent
Tim Boldig, Mitch Gordon, Tara Gould, Carol Hossfield, Rocco Relvini, Phil Smith
Jessica Christy ConnerDean, Ringers, Morgan & Lawton, P.A., Respondent