No. 24-5704

Lori M. Moody v. Edward W. Horan

Lower Court: Florida
Docketed: 2024-10-04
Status: Denied
Type: IFP
IFP
Tags: absolute-privilege defamation-per-se due-process fourteenth-amendment jury-trial seventh-amendment
Key Terms:
DueProcess Securities
Latest Conference: 2024-12-06
Question Presented (AI Summary)

Does the Seventh Amendment right to a jury trial extend to a state court defamation per se action, and does absolute privilege protect a lawyer who falsely accuses a private citizen of a crime in a court pleading?

Question Presented (from Petition)

QUESTIONS PRESENTED _ 1. Does the right to a jury trial secured by the Seventh Amendment extend to a private citizen in a state court! in an action for defamation per se? 2. Does absolute privilege (immunity) protect a lawyer who accuses a private citizen of a crime in a court pleading whose only connection to the litigation is that she is married to the opposing party? 3. Does the Due Process guaranteed by the Fourteenth Amendment give the petitioner in this case the right to be heard, despite her complaint having been dismissed with prejudice because. a state court determined the defendant was protected under absolute immunity? 4. Does a private citizen have a liberty interest in her reputation when the accusation of a crime in a court pleading destroyed her reputation with the very community that makes up the predominant client base for her business? 1 The action could have been brought in federal court based on diversity jurisdiction. i, LIST OF PA RTIES . [X] All parties appear in the caption of the case on the cover page. RELATED CASES Moody v. Horan, No. 1D2023-1765, 2024 Fla. App. LEXIS 4060 (1st DCA May 24, 2024) This is the Per Curiam Affirmance of the Order subject to this Writ of Certiorari Moody v. Horan, No. 1D2023-1765, 2024 Fla. App. LEXIS 5679 (1st DCA July 2, 2024) Rehearing Denied. Moody v. Horan, 386 So. 3d 611 (Fla. 1st DCA 2024) Writ of Prohibition regarding disqualification of the lower court Judge. Moody v. Horan, No. 1D2023-3061, 2024 Fla. App. LEXIS 4915 (1st DCA June 5, 2024) Rehearing Denied. Florida First District Court of Appeal Case Number 1D2023-3062, which deals with an award of Sanctions in the form of attorney fees being awarded to the Defendant, Mr. Horan for Ms. Moody bringing an “unsupported” claim under Section 57.105 of the Florida Statutes. Briefing was complete in this case on May 8, 2024, so this case is awaiting a decision from the Florida First District Court of Appeals. ; ii.

Docket Entries

2025-03-13
Case considered closed.
2024-12-09
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until December 30, 2024, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2024-11-20
DISTRIBUTED for Conference of 12/6/2024.
2024-09-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2024)

Attorneys

Lori M. Moody
Lori M. Moody — Petitioner
Lori M. Moody — Petitioner