IN THE SUPREME COURT OF FLORIDA MARY KATHERINE DAY-PETRANO CASE NO. SC05-1181 L.T. 2D04-4867 Petitioner, v. PINELLAS COUNTY AND CIRCUIT COURTS OF THE SIXTH JUDICIAL CIRCUIT OF FLORIDA; STATE OF FLORIDA; CITY OF LARGO POLICE DEPARTMENT; PINELLAS COUNTY STATE ATTORNEY; FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES; FLORIDA BAR (RULES COMMITTEES). Respondents. / RESPONDENT, CITY OF LARGO, ANSWER BRIEF ON JURISDICTION IN RESPONSE TO PETITIONER'S AMENDED BRIEF ALAN S. ZIMMET, ESQUIRE FBN: 349615 TAMMI E. BACH, ESQUIRE FBN: 0179086 City of Largo 201 Highland Avenue Post Office Box 296 Largo, Florida 33779-0296 Ph#(727) 587-6744 Fax# (727) 587-6703 Attorneys for Respondent, City of Largo, Florida
TABLE OF CONTENTS Table of Authorities...... III Summary of Argument... 1 Argument... 1-3 Conclusion... 3-4 Certificate of Service... 4 Certificate of Compliance... 5 II
TABLE OF AUTHORITIES Gandy v. State, 827 So. 2d 974 (Fla. 2002)... 1,2 Stallworth v. Moore, 846 So. 2d 1141, 1142 (Fla. 2003)... 1,2, 3 Fla. R. App. P. 9.030 (a)(2)... 1 III
SUMMARY OF THE ARGUMENT Petitioner failed to establish a basis upon which this Court should accept jurisdiction. In fact, this Court held in Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002), that the limited scope of this Court does not include the review of district court decisions rendered without opinion. See also, Gandy v. State, 846 So. 2d 1141, 1142, (Fla. 2003) (decision of district court must contain some statement indicating that it has expressly addressed question of law within four corners of opinion itself for Supreme Court to have subject matter jurisdiction to review case). In the instant matter, this Court does not have discretionary jurisdiction to "review per curiam denials of relief, issued without opinion or explanation, whether they be in opinion form or by way of unpublished order". Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002). As such, Petitioner's request to accept jurisdiction in this case should be denied. ARGUMENT Petitioner has failed to Establish a Basis by which this Court Should Grant Discretionary Jurisdiction as required by Fla. R. App. P. 9.030(a)(2). Jurisdiction is not appropriate in this case. As provided in Fla. R. App. P. 9.030(a)(2), discretionary 1
jurisdiction in this Court may be sought to review decisions of the district courts of appeal that (1) expressly declare valid a state statute; (2) expressly construe a provision of the state or federal constitution; (3) expressly affect a class of constitutional or state officers; (4) expressly and directly conflict with a decision of another district court of appeal or of the supreme court on the same question of law; (5) pass upon a question certified to be of great public importance; (6) are certified to be in direct conflict with decision of other district courts of appeal. In Petitioner's jurisdictional brief, Petitioner essentially argues that this Court should grant discretionary jurisdiction because the district court affirmed the circuit court's decision below. In other words, Petitioner argues that jurisdiction in this Court is proper because Petitioner strenuously disagrees with the district court's order denying her petition for writ or certiorari. In the instant matter, the Second District Court of Appeal issued an order denying Petitioner's amended petition for writ of Certiorari without an opinion on April 21, 2005. (Exhibit A). Subsequently, on May 24, 2005 the district court denied Petitioner's motion for rehearing and motion 2
for rehearing en banc without an opinion. (Exhibit B). As this Court held in Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002), the limited scope of this Court does not include the review of district court decisions rendered without opinion. See also, Gandy v. State, 846 So. 2d 1141, 1142 (Fla. 2003) (decision of district court must contain some statement indicating that it has expressly addressed question of law within four corners of opinion itself for Supreme Court to have subject matter jurisdiction to review case.) In the instant matter, this Court does not have discretionary jurisdiction to "review per curiam denials of relief, issued without opinion or explanation, whether they be in opinion form or by way of unpublished order." Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002). As such, Petitioner's request to accept jurisdiction in this case should be denied. CONCLUSION For the foregoing reasons, the City of Largo, Florida respectfully requests this Court to deny Mrs. Day-Petrano's request to this Court to exercise jurisdiction in this matter. Respectfully Submitted, ALAN S. ZIMMET, ESQUIRE 3
FBN: 349615 TAMMI E. BACH, ESQUIRE FBN: 0179086 City of Largo 201 Highland Avenue Post Office Box 296 Largo, Florida 33779-0296 Ph#(727) 587-6744 Fax# (727) 587-6703 Attorneys for Respondent, City of Largo Certificate of Service I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to Mary Katherine Day-Petrano, P.O. Box 3704, Clearwater, FL 33767; Bernie McCabe, Pinellas County State Attorney, P.O. Box 5028, Clearwater, FL 33758; Kathy A. Jiminez-Morales, Assistant General Counsel, Florida Dept. of Highway Safety and Motor Vehicles, Neil Kirkman Building, Suite A-432, Tallahassee, FL 32399; George Waas, Senior Assistant Attorney General, Office of the Attorney General, PL-01 the Capitol, Tallahassee, FL 32399; Barry Richard, Esq., M. Hope Keating, Esq., Greenberg Traurig, P.A., P.O. Drawer 1838, Tallahassee, FL 32399; the Honorable Paul A. Levine, Honorable Robert J. Morris, Jr., Honorable David A. Demers, B. Elaine New, Gay Inskeep, Eve Walker, Sixth Judicial Circuit, 14250 49 th Street North, Clearwater, FL 33762; Honorable Chris A. Altenbernd, Second District Court of Appeal, 1005 East Memorial Blvd., Lakeland, FL 33801-2019 on this day of September, 2005. Tammi E. Bach, Assistant City Attorney CERTIFICATE OF COMPLIANCE I HEREBY CERTIFY that the foregoing has been generated in Courier New 12-point font and complies with the requirements of Rules 9.120(d) and 9.210 (a)(2), Fla. R. 4
App. P. on this day of September, 2005. Tammi E. Bach, Assistant City Attorney 5