No. 24-69

Vishrut Amin, et al. v. Geico Indemnity Company, et al.

Lower Court: Florida
Docketed: 2024-07-22
Status: Denied
Type: Paid
Tags: 14th-amendment civil-procedure civil-procedure-discovery constitutional-rights discovery-process due-process judicial-authority pro-se-litigants unethical-practice
Key Terms:
FourthAmendment DueProcess
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the trial court abused its judicial power in denying the motion to compel discovery and violated the constitutional rights of the petitioners under the 14th Amendment

Question Presented (OCR Extract)

QUESTIONS PRESENTED Discovery process is an important aspect of adversary court system followed by United States. In criminal cases, ‘Government’s disclosure of material . exculpatory and impeachment evidence is part of the constitutional guarantee to a fair trial. Brady v. Maryland, ; 373 U.S. 83, 87 (1963); Giglio v. United States, 405 U.S. 150, 154 (1972). However in civil cases, Defendant's rights and plaintiffs obligations to participate in discovery process has not been constitutionally defined and recognized by Supreme Court. Instead Discovery process is governed through Civil Rule procedure at federal and state level. The court has inherent authority or rule based sanction to deal with discovery violations committed by recalcitrant discovery litigants in case of non compliance of . court order. : , "Respondent, GEICO Indemnity Company (GEICO) after filing the complaint (July 2022) has maintained absolute silence by not responding to any discovery request propounded by Petitioners. Trial and Appellate Courts of state of. Florida has declined to issue any order against . GEICO through denial of motion(s) and writs filed overlooking irreparable harm being cause to Pro Se petitioners. The questions presented are: . (a) Weather Trial court abused its judicial power ; . prior and post rendering of the order denying the motion to compel discovery and _ violated constitutional rights granted under 14th Amendment of US Constitution. (b) Weather Circuit court, Fifth Judicial circuit of Florida abuse its.judicial authority by exceeding its authority and look beyond the scope of writ of certiorari in justifying the denial order on writ : lis submitted overlooking the failure of submission of reply by respondent and irrefutable proof that discovery was propounded under Rule 1.350 and ; not under rule 1.340(e) as stated as justification “in order which is not supported by facts and: not cited in trial court order. ’ (©) Whether District court abuse its judicial authority by issue of order without opinion . : despite being aware of due process violation committed by respondent including lying in court : and subsequently refuse to render opinion when asked to do so under provision of Fla.R.App.P. 9.330. -(d) Weather Supreme Court of Florida Order issued violates the provision of Article V, 2(a) of Fla. _ Const. Also Does denial order issued’ on filing of . . notice only violates the constitutional provision of : “ Article I;'section 9 and’ 21 of Florida Constitution. (e) Does amendment. of ‘provision ‘of. Article V, “Section 3(b) of Florida. constitution violates the provision of Article V, 2(a) and Article I, Section 9 | : and 21 and 14 amendment. of: Constitution. of United States. (f) Weather referendum conducted on 11 March 1980 during The Presidential Preference Primary Election instead of the General election to adopt : changes of Article V, Section 3(b) of Fla. Const. is constitutional or not being Florida a_ close primary state and possibility of exclusion of certain class of voters exists which may make measure null and void due to non inclusion of eligible voters. iii.

Docket Entries

2024-10-07
Petition DENIED.
2024-09-04
DISTRIBUTED for Conference of 9/30/2024.
2024-06-22

Attorneys

Vishrut Amin, et al.
Vishrut Amin — Petitioner
Vishrut Amin — Petitioner