No. 23A142

Donivon Craig Tingle v. Florida Department of Health

Lower Court: Florida
Docketed: 2023-08-17
Status: Presumed Complete
Type: A
Tags: None
Key Terms:
DueProcess
Latest Conference: N/A
Question Presented (AI Summary)

Question not identified.

Question Presented (OCR Extract)

No question identified. : Hon. Scott 8. Harris Page 2. To help clarify my request, I am providing copies of the lower court order(s) and opinions, as well as pages that include my Jurisdictional Statement so that everything is clear to all concerned. Thank you. Sincerely, D. ales Attachments: 1. Lower Court Orders 2. Jurisdictional Statement FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA No. 1D22-1096 DONIVON CRAIG TINGLE, Appellant, v. FLORIDA DEPARTMENT OF HEALTH, Appellee. On appeal from the Circuit Court for Leon County. Angela C. Dempsey, Judge. April 14, 2023 PER CURIAM. AFFIRMED. ROWE, C.J., and RAY and TANENBAUM, ddJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. App. 001a D. Craig Tingle, pro se, Appellant. Eduardo S. Lombard and Angela D. Miles of Radey Law Firm, Tallahassee, for Appellee. App. 002a DISTRICT COURT OF APPEAL, FIRST DISTRICT 2000 Drayton Drive, Tallahassee, Florida 32399-0950 Telephone No. (850) 488-6151 May 24, 2023 Donivon Craig Tingle, Case No, 1D22-1096 Appellant(s) L.T. No.: 2021-CA-002155 Vv. Florida Department of Health, Appellee(s). BY ORDER OF THE COURT: The Court denies the motion for written opinion docketed April 18, 2023. | HEREBY CERTIFY that the foregoing is a true copy of the original court order, Served: Hon. Angela C. Dempsey Eduardo S. Lombard Angela D. Miles D. Craig Tingle John Wilson TH App. 003a Case No. 1D22-1096 Page < 2 > eapepleg Mavi 28S Kfistina Samuels, Clerk 1D2022-1096 May 24, 2023 App. 004a DISTRICT COURT OF APPEAL, FIRST DISTRICT 2000 Drayton Drive, Tallahassee, Florida 32399-0950 Telephone No. (850) 488-6151 May 24, 2023 Donivon Craig Tingle, Case No. 1D22-1096 Appellant(s) L.T. No.: 2021-CA-002155 Vv. Florida Department of Health, Appellee(s). BY ORDER OF THE COURT: The Court denies the motion for rehearing en banc docketed April 18, 2023. | HEREBY CERTIFY that the foregoing is a true copy of the original court order. Served: Hon. Angela C. Dempsey Eduardo S. Lombard Angela D. Miles D. Craig Tingle John Wilson TH App. 005a Case No. 1D22-1096 Page < 2 > seospbae Mavdb, mie Kfistina Samuels, Clerk 1D2022-1096 May 24, 2023 App. 006a Ki 9/21 PG: 2236 U4/12/2UZZ at 11:56 AM GWEN MARSHALL, CLERK OF COURTS Filing # 147448789 E-Filed 04/11/2022 02:31:13 PM IN THE CIRCUIT COURT FOR LEON COUNTY, FLORIDA DONIVON CRAIG TINGLE, Plaintiff, Case No, 2021 CA 2155 FLORIDA DEPARTMENT OF HEALTH, Defendant. —— a | ORDER AND FINAL JUDGMENT THIS CAUSE came before the Court on the parties’ cross-motions for summary judgment and Plaintiff's Motion for Sanctions. After reviewing the motions, responses to the motions, and having heard argument of counsel at a hearing on March 30, 2022, and being otherwise fully advised in the premises, the Court finds as follows: 1. Based on everything presented by the parties, the Court concludes that section 381.986(8)}(a}2.b., Florida Statutes, (the Pigford Provision) is not unconstitutional as alleged by Plaintiff. 2. Accordingly, and based on all the arguments made in the Department's Motion for Summary Judgment and Supporting Memorandum of Law and the Department’s Response Opposing Plaintiffs Motion for Summary Judgment, the Court concludes that the Department's motion should be granted, The Court notes, without limiting its ruling, that its finds Jana-Rock Constr., Inc. v. N.Y. State Dep't of Econ. Dev., 438 F.3d 195 (2d Cir. 2006) to be persuasive as to Plaintiffs equal protection claims and that the Pigford Provision survives App. 007a constitutional scrutiny under the rational basis test. Additionally, and alternatively, even applying a strict scrutiny analysis to the Pigford Provision, the Court finds that it survives strict scrutiny as well. 3. Having concluded that the Department is entitled to summary final Judgment based on the arguments presented in its papers, the Court finds that th

Docket Entries

2023-08-17
Application (23A142) granted by Justice Thomas extending the time to file until September 21, 2023.
2023-08-09
Application (23A142) to extend the time to file a petition for a writ of certiorari from August 22, 2023 to September 29, 2023, submitted to Justice Thomas.

Attorneys

Donivon Tingle
Donivon Craig TingleThe Tingle Law Firm, Petitioner