No. 25A437

Francis T. Greiser, Jr. v. Marian K. Greiser, et al.

Lower Court: Florida
Docketed: 2025-10-16
Status: Presumed Complete
Type: A
Tags: artis-tolling certiorari-extension federal-jurisdiction pro-se-litigation statute-of-limitations supplemental-jurisdiction
Key Terms:
Jurisdiction
Latest Conference: N/A
Question Presented (AI Summary)

Whether the Supreme Court should apply the tolling provision under 28 U.S.C. § 1367(d) to preserve state law claims dismissed due to statute of limitations after being initially filed in federal court

Question Presented (OCR Extract)

No question identified. : APPLICATION To the Honorable Justice Clarence Thomas, of the Supreme Court of the United States, and Circuit Justice for the United States Eleventh Circuit Court District: Pursuant to Sup. Ct. R. 13.5, and 28 U.S.C. § 2101(c), Francis Greiser Jr., respectfully requests a 14-day extension of time, until and including November 24, 2025, within which to file a petition for a writ of certiorari to review the final judgment of the Florida Fourth District Court of Appeals. 1. On November 5, 2024, the Florida Circuit Court for the Seventeenth Judicial Circuit dismissed the Applicant’s refiled state claims that were originally filed in 2018 in the United States District Court, pursuant to 28 U.S.C. § 1332. These claims, which were later denied supplemental jurisdiction in 2022, were refiled in state court in June 2023 and later dismissed by the circuit court for violating the statute of limitations under Florida Statute § 95.11. 2. On November 20, 2024, a Verified Motion for Reconsideration was filed, citing the court’s missed 28 U.S.C. § 1367(d) tolling application for the dismissed claims, as held in Artis v District of Columbia, 138 S. Ct 594, 596 (2018). The Artis holding was cited in the Response to the Motion to Dismiss filed October 3, 2024. The circuit court denied the motion for reconsideration on December 3, 2024. 3. On July 3, 2025, the Florida Fourth District Court of Appeals issued its decision affirming the case dismissal with prejudice in a “per curiam affirmance” (‘PCA”) order. A timely filed Motion for Rehearing en banc, or alternatively, the issuance of a Written Decision and request for Certification of a Question of Great Public Importance was made—and denied—in its entirety on August 12, 2025. 4, The Florida Fourth District Court of Appeals' final judgment was issued on August 12, 2025. That ruling exhausted all further state appeals, making this Honorable Court’s jurisdiction pursuant to U.S.C. § 1257, as of that date. 5. Unless extended, the time to file a petition for a writ of certiorari will expire on November 10, 2025. This application is being filed more than ten days before the petition is currently due. See Sup. Ct. R. 13.5. The jurisdiction of this Court would be invoked under 28 U.S.C. § 1254. The pro se Applicant respectfully seeks a 14-day extension to allow adequate time to research and complete his Writ of Certiorari and prepare a proper, orderly

Docket Entries

2025-10-16
Application (25A437) granted by Justice Thomas extending the time to file until November 24, 2025.
2025-10-10
Application (25A437) to extend the time to file a petition for a writ of certiorari from November 10, 2025 to November 24, 2025, submitted to Justice Thomas.

Attorneys

Francis Greiser, Jr.
Francis Greiser Jr. — Petitioner