No. 20-766

David Archer v. Winn Dixie Stores, Inc., et al.

Lower Court: Florida
Docketed: 2020-12-04
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: civil-rights conflict-of-interest constitutional-rights due-process judicial-misconduct oath-of-office recusal standing
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-04-23 (distributed 2 times)
Question Presented (from Petition)

Can States Statues Judges or Attorneys violate that State's Constitution, the Federal Constitution and Federal laws, pertaining to conflict of interest.

Where the duo, [t]he now Presiding Judge and Counsel his longtime Friendship violates the rules of oath of office 28 U.S.C. 453 (a) 28 U.S.C. 455 as Sworn to uphold the constitution and laws of the United States of America.

Where recusal for disqualification on fraud and irreparable Harm existed.

Where Petitioner requested the Judge to recuse himself for lack of impartiality from the case for not following the consistency for wrong doing, based on fundamental constitutional rights to due process of law. Where the Judge ruled out of Jurisdiction on consolidated appealed issues, by not Following the Fourth District Court of Appeals order dated the 5th of November 2018, was it unconstitutional, miscarriage of justice, bias and Judicial misconduct. Should the judge refuse to stay or give hearing dates to Petitioner's Motions, additionally instructing his judicial assistant not to give hearing dates to Petitioner's motions.

Where Counsel was required by rules and instructed by the previous judge to respond to the Amended Complaint and did not, neither seek an enlargement of time, prior to Petitioner's application for default was filed.

Question Presented (AI Summary)

Can States Statues Judges or Attorneys violate that State's Constitution, the Federal Constitution and Federal laws, pertaining to conflict-of-interest

Docket Entries

2021-04-26
Rehearing DENIED.
2021-04-07
DISTRIBUTED for Conference of 4/23/2021.
2021-03-15
Petition for Rehearing filed.
2021-02-22
Petition DENIED.
2021-01-20
DISTRIBUTED for Conference of 2/19/2021.
2020-12-29
Waiver of right of respondent Winn Dixie Stores, Inc. et al. to respond filed.
2020-09-21
Petition for a writ of certiorari filed. (Response due January 4, 2021)

Attorneys

David Archer
David D. Archer — Petitioner
Winn Dixie Stores, Inc. et al.
Wesley L. CatriCatri, Holton, Kessler & Kessler, P.A., Respondent