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****************** [caseNo] ******************

****************************************** UNITED STATES COURT OF APPEALS ELEVENTH CIRCUIT ******************************************

************************* [plfName] (Appellant/Plaintiff)
v.
[defName] (Appellee/Defendant) *************************

On Appeal From The United States District Court, [state], [dist] District [LTNo]

****************************************** APPELLANT’S PETITION FOR REHEARING ******************************************

[plfName], Plaintiff

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

ORAL ARGUMENT PROHIBITED

UNITED STATES COURT OF APPEALS

ELEVENTH CIRCUIT

[plfShrtNm] v [defShrtNm], [caseNo]

CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT

Lower Tribunal:

[magNm]	Magistrate
[judgNm]	District Judge

Non-Parties:

[nonParty001]	([ticker001])
[nonParty002]	([ticker002])
[nonParty003]	([ticker003])

Parties:

[defName]	Appellee/Defendant
[plfName]	Appellant/Plaintiff

Appellant is not a subsidiary/affiliate of a publicly owned corporation. Pursuant to Rule 26.1-2 11th Cir. R., Appellant does not know of any other entities that have interest in this case. Appellant hereby certifies that this CIP is complete.

STATEMENT REGARDING ORAL ARGUMENT

According to Rule 40(a)(2) Fed. R. App. P., oral argument is not permitted.

TABLE OF CONTENTS

Certificate of Interested Persons	C1

Statement Regarding Oral Argument	i
Table of Contents	ii
Table of Citations	iii
Argument and Citations of Authority	iii
Introduction	vi

Issues on Appeal	1

Clear Error #1 ([errTtl001])	2
Clear Error #2 ([errTtl002])	4
Clear Error #3 ([errTtl003])	6

Conclusion	8
Certificate of Compliance	-
Certificate of Service	-

TABLE OF CITATIONS

CASES
[caption001] [cite001]	[xx]
[caption001] [cite001]	[xx]
[caption002] [cite002]	[xx],[xx]
[caption003] [cite003]	[xx]
[caption004] [cite004]	[xx],[xx]
[caption005] [cite005]	[xx]
[caption006] [cite006]	[xx],[xx]
[caption007] [cite007]	[xx]
[caption008] [cite008]	[xx],[xx]
[caption009] [cite009]	[xx]
[caption010] [cite010]	[xx],[xx]

RULES
Local Rule 40-3 11th Cir. R.	ii
Local Rule 31-1 11th Cir. R.	vi
Rule 28(d) Fed. R. App. P.	vi
Rule 31(a) Fed. R. App. P.	vi
Rule 40 Fed. R. App. P.	ii

CONSTITUTIONS

REGULATIONS

FEDERAL STATUTES

STATE STATUTES (FL)

MISCELLANEOUS

REFERENCES
[A_]	Appendix for Opening Brief1/
[AB_]	Answer Brief1/
[OB_]	Opening Brief1/
[R_]	Appendix for Reply Brief1/
{#_}	Docket Entry1/

ABBREVIATIONS
ALJ	Administrative Law Judge
FCHR	Florida Commission on Human Relations
LT	Lower Tribunal
USIASD	US District Court, Iowa, Southern District
USINND	US District Court, Indiana, Northern District

INTRODUCTION

Appellant, [plfName], was the Plaintiff in the lower tribunal; and will be referred to in this Petition as “[plfShrtNm]” (Rule 28(d) Fed. R. App. P.). Appellee, [defName], was the Defendant below; and will be referred to as “[defShrtNm]”.

Incorporating Opening Brief

[plfShrtNm] files this Petition to cure the material error found in the Opinion; hereby incorporating: (a) [plfShrtNm]’s Opening Brief (in its entirety); (b) [plfShrtNm]’s Reply Brief (in its entirety); and (c) this Court’s written opinion (in its entirety).

Timeliness

This Petition is timely.

On [MMMM] [D], [YYYY], this Court issued its opinion (hereinafter “Opinion”). [MMMM] [D], [YYYY], marked the due date for any petitions for rehearing (please see Rule 40(a)(1) Fed. R. App. P.; and Rule 40-3 11th Cir. R.). Thus, by filing it today (ie, on [MMMM] [D], [YYYY]), [plfShrtNm] has met this Court’s time constraint.

ISSUES ON APPEAL

[describePoint001].

[describePoint002].

[describePoint003].

SUMMARY OF PETITION

[summPet001].

[summPet002].

[summPet003].

POINT I

[issTitle001]

OVERVIEW I

[ovrvw101]

ARGUMENT I

[arg101]:

“The sole and only purpose of a petition for rehearing is to call to the attention of the court some fact, precedent or rule of law which the court has overlooked in rendering its decision.”

State v. Green, 105 So.2d 817 (1DCA 1958)

[arg102].

[arg103].

[arg104]:

““Counsel should not use [a motion for rehearing] as a vehicle to reargue the merits of the court's decision or to express displeasure with its judgment.”

Whipple v State, 431 So. 2d 2011 (2DCA 1983)

[arg105].

[arg106].

[arg107]:

“[quote107]”

[cite107]

[arg108].

[arg109].

CONCLUSION I

[cncl101].

POINT II

[issTitle002]

OVERVIEW II

[ovrvw201]

ARGUMENT I

[arg201]:

“The sole and only purpose of a petition for rehearing is to call to the attention of the court some fact, precedent or rule of law which the court has overlooked in rendering its decision.”

State v. Green, 105 So.2d 817 (1DCA 1958)

[arg202].

[arg203].

[arg204]:

““Counsel should not use [a motion for rehearing] as a vehicle to reargue the merits of the court's decision or to express displeasure with its judgment.”

Whipple v State, 431 So. 2d 2011 (2DCA 1983)

[arg205].

[arg206].

[arg207]:

“[quote207]”

[cite207]

[arg208].

[arg209].

CONCLUSION II

[cncl201].

POINT III

[issTitle003]

OVERVIEW III

[ovrvw301]

ARGUMENT I

[arg301]:

“The sole and only purpose of a petition for rehearing is to call to the attention of the court some fact, precedent or rule of law which the court has overlooked in rendering its decision.”

State v. Green, 105 So.2d 817 (1DCA 1958)

[arg302].

[arg303].

[arg304]:

““Counsel should not use [a motion for rehearing] as a vehicle to reargue the merits of the court's decision or to express displeasure with its judgment.”

Whipple v State, 431 So. 2d 2011 (2DCA 1983)

[arg305].

[arg306].

[arg307]:

“[quote307]”

[cite307]

[arg308].

[arg309].

CONCLUSION III

[cncl301].

CONCLUSION

WHEREFORE, Appellant ([plfShrtNm]) asks this Court to vacate its Opinion; because the clear error for which it was based upon will decrease the legitimacy of the judiciary.

Dated this [D]th day of [MMM] [YYYY].

Respectfully submitted,

/s/ [plfName]

[plfName], Appellant/Petitioner

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

CERTIFICATE OF COMPLIANCE

Type-Volume

This document complies with the word limit of Rule 32(a)(7)(B)(i) Fed. R. App. P., because - excluding the parts of the document exempted by Rule 32(f) - this document contains [NNNN] words.

or

This brief complies with the line limit prescribed by Rule 32(a)(7)(B)(i) Fed. R. App. P., because – excluding the parts of the document exempted by Rule 32(f) – this document contains [NNNN] lines of monospaced text.

Typeface and Type-Style

This document uses Courier New (12-Pt) Font; thereby complying with the typeface requirements of Rule 32(a)(5)(B) Fed. R. App. P.. This document also satisfies the type-style requirements of Rule 32(a)(6).

[date]	/s/ [plfName]
Date	[plfName]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [D]th day of [MMM] [YYYY], I electronically filed the foregoing with the Clerk of Courts by using PACER; which will send a notice of electronic filing to the attached service list.

/s/ [plfName]

Endnotes:

1/ [A0210] means page 210 from the appendix (Appellant’s Opening Brief) [OBII] means page ii from the Opening Brief [AB012] means page 12 from the Answer Brief [R0210] means page 210 from the appendix (Appellant’s Reply Brief) {#44} means docket entry 44 from the lower tribunal

How-To Guide: (interactive)

TextBookDiscrimination.com/Guides/Petitions/Rehearing

SERVICE LIST

[defAtt], Esquire ([barNum]) E: [defEml] P: [defPhn] (appellant’s trial lawyers)

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