| MICHELLE WILSON Appellant, v. FLORIDA COMMISSION ON HUMAN RELATIONS, and CHEYANNE COSTILLA, in her official capacity, and individually, Appellees. |
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) |
Case 1D2024-0476 L.T. No.: 2023-CA-1569 |
MOTION FOR WRITTEN OPINION
|
Richard E. Johnson Florida Bar No. 858323 Law Offices of Richard E. Johnson 314 West Jefferson Street Tallahassee, Florida 32301 (850) 425-1997 rick@rej-law.com |
MOTION FOR WRITTEN OPINION
Appellant respectfully moves, pursuant to Fla.R.App.P. 9.330(a), for a written opinion to provide a basis for seeking Supreme Court review. Such an opinion on these unaddressed issues would provide a basis for such review on several questions including the following:• Federal and state due process violations arise from FCHR’s breach of the long-standing constitutional principle that, “No man is allowed to be a judge in his own cause,” Caperton v. A.T. Massey Coal Co., Inc., 556 U.S. 868, 876 (2009), when FCHR undertook review of its own conduct in a firing it had performed, despite Appellant’s objection to that conflict of interest.
• Further due process violations arise from the fact that FCHR’s refusal to obey its statutory mandate to investigate and make a determination on every case is capricious and without any rules, policies, or standards at all. Whatever moves the agency at the moment or reduces its workload is the practice.
• Right-to-trial-by-jury violations arise from FCHR’s final and dispositive determination administratively of a cause of action on which Appellant has a right to trial by jury.
• Federal and state access-to-court violations arise from FCHR imposing insuperable burdens on a person seeking to work through the statutory pre-requisites to litigation, such that access to any remedy is extinguished with no grant of an alternate remedy.
|
Respectfully submitted, /s/ Richard E. Johnson Richard E. Johnson Florida Bar No. 858323 Law Office of Richard E. Johnson 314 West Jefferson Street Tallahassee, Florida 32301 850/ 425-1997 850/ 561-0836 rick@rej-law.com Counsel for Appellant |
CERTIFICATE OF SERVICE
| /s/ Richard E. Johnson | |
| Richard E. Johnson |
