Park Avenue Investment & Development, Inc. v. Donald I. Barkheimer, II
Supreme Court of the United States
1Opinion of the Court
Dist. Ct. App. Fla., 4th Dist. Motion of respondents for attorneys’ fees and costs denied. Certiorari denied.
Chief Justice Burger, with whom Justice Rehnquist and Justice O’Connor join.
I agree that we should deny the petition for a writ of certiorari, but I would also grant respondents’ motion for costs and fees. This petition is an attempt to invoke the Court’s jurisdiction on an utterly frivolous claim, and on this record I believe that the purpose of the petition is to delay collection of a debt. This use of the Court’s processes should subject the attorney who filed the petition to the…
2Cases cited5 opinions
- Sherman v. Field ClinicAppellate Court of Illinois · 1979
- Gunn Plumbing, Inc. v. Dania BankSupreme Court of Florida · 1971
- Talamini, Administratrix of the Estate of Talamini v. Allstate Insurance Co.Supreme Court of the United States · 1985
- Morgan Walton Properties, Inc. v. INTERN. CITY BANK & TRUST CO.Supreme Court of Florida · 1981
- Munilla v. Perez-CoboDistrict Court of Appeal of Florida · 1976
3Cited by2 opinions
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- Blanco v. KinasDistrict Court of Appeal of Florida · 2006