No. 24-6324

Samuel Lee Smith, Jr. v. R. Everett

Lower Court: Florida
Docketed: 2025-01-16
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 14th-amendment 5th-amendment due-process hearing notice stay-away-order
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2025-03-21
Question Presented (AI Summary)

Did the trial court violate the Petitioner's fundamental right to due process notice and opportunity to be heard, as guaranteed by the 5th and 14th Amendment when the trial court imposed a stay away order against the Petitioner without ever affording him notice and opportunity to be heard?

Question Presented (OCR Extract)

Did the trial court violated the Petitioner ’s fundamental right to due process notice and opportunity to be heard, as guaranteed by the 5th and 14th Amendment when the trial court imposed a stay away order against the Petitioner without ever affording him notice and opportunity to be heard? 3 Questions Presented Did the trial court commit reversible error by not granting a 1. temporary injunction because the trial court viewed the petition as petitions for domestic violence as a repeat/date/ sexual violence and no stalking as alleged in the petition? Did the trial court commit reversible error dismissing the 2. petition for an injunction to prevent Respondent from stalking when it denied Petitioner relief without affording him a hearing? Did the trial court commit reversible error dismissing the 3. petition for an injunction to prevent Respondent from stalking Petitioner because there was a prima facie case pled for stalking? 5

Docket Entries

2025-03-24
Petition DENIED.
2025-03-06
DISTRIBUTED for Conference of 3/21/2025.
2024-12-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 18, 2025)

Attorneys

Samuel Smith
Samuel Lee Smith Jr. — Petitioner
Samuel Lee Smith Jr. — Petitioner