Bothe v. Hansen (U.S. Oct. 05, 2009)

The Florida Courts have been light on rules cases lately, so today’s post is about the U.S. Supreme Court, which just denied a Petition for Certiorari on the following issues:


1. Florida’s intermediate appellate courts decide over 80% of the appeals
they hear with per curiam orders issued without opinions and the losing
party has no right to seek further review of these summary dispositions by the
Florida Supreme Court. Does this procedure deny the losing party due process or
the equal protection of the laws?

2. Is an appellant denied procedural due process when Florida’s Second
District Court of Appeal, a court of last resort, refuses to include in the
record and consider evidence relevant to the her claim of error by the lower

The Petition was brought by Sarasota attorney Carl J. Robie, III and Massachusetts attorney Dennis P. Derrick.  In opposition was another Sarasota attorney Susan J. Silverman.

Ironically the U.S. Supreme Court’s opinion stated in full: “The petition for writ of certiorari is denied.”

I am not surprised that the Supreme Court declined to wade into this issue, but I think it is a problem that needs to be addressed at the State level.  The Florida Supreme Court’s docket is presently dominated by death penalty cases, leaving a gap in authoritative Florida Supreme Court decisions on many issues.

The briefs are not publicly available, but I will post them here if they are sent to me.