IN THE DISTRICT COURT OF APPEAL OF FLORIDA
FOR THE FIFTH DISTRICT
300 South Beach St, Daytona Beach, Florida, 32114.
JOSE N PROENZA SANFIEL, 5DCA CASE NO- 98-01717
(Movant) Appellant (s)
L.T. CASE NO DOAH98-0553 , DOAH97-2453, AHCA97-00006
DEPARTMENT OF HEALTH, AGENCY OF HEALTH CARE ADMINISTRATION, ETC.
Date: Jan 22 1999
Movant, Jose N Proenza Sanfiel R.N. moves for an order of Assignment of Amicus Curiae in the present case.
This is an appeal by a " Taxpayer " whom while peacefully exercised his federal and state constitutional rights, seeking redress of the government for failure to secure evidence in the protection of the nations coffers and the safety or well being of his fellow constituents. The exercising of such constitutional rights and failure of submitting himself to the aiding and abetting of criminal direction by an officer of the state led to the present vicious attack of the " Taxpayer " via a related matter of occupational licensing and the cutting off of the Appellants means to earn income and security of counsel.
The " Taxpayer " has reached a plateau of poverty and professional limitations that the appellant feels will constitute a loss of legal venues in the search of justice for his fellow citizens.
Noting that the appellant is representing in Pro Se " the People " and their constitutional rights it is humbly requested that this court assigns an Amicus Curiae and allow such time needed by the Curiae in order for " The People " not to loose any venues available in the search of Justice. It would then be fitting justice that a competent Public Defender or Government entity such as the Department of Justice or Ethics Commission intervenes for " The Public Good " and to ensure that the " Rights of the people be protected " not becoming a victim of prejudice by precedental decisions made by this court ( not trough the lack of wisdom of the court implied ) Simply due to the failure of appellant to represent " The People " in regards to knowledge of professional lawyering.
If the court feels that a public defender or government entity as Amicus would be of conflicting interests. The appellant would also not oppose the Assignment of Amicus Curiae any Nationally recognized Civic Organization such as The ACLU, NACCP, The Rutherford Institute or even a receptive local Law University Alumni.
If it pleases the court to note that "The State" or Appellee has unlimited resources ( Tax Based ) that can trow at the appellant whom is presently suffering at the brink of bankruptcy and its imminent occurrence will be an added undeserved punishment for this Good Samaritan and champion of " the People".
This case is a case of " The State " v/s " the people" and as such it should be properly represented by "the people's" representative. The assignment of Amicus Curiae will provide the court with a consistent and knowledgeable base of procedural protocols that are unknown to "an average Taxpayer as Pro Se " furthermore the assignment of Amicus Curiae would ensure that the processing of any Higher Court would be eased in dealing with this most grave matter of providing justice for the public interest as it affects other court decisions dealing with cases of this nature introducing to the court system Statutes such as The Good Samaritan Law, The Whistle Blower Law, Witness Protection programs, Victim's Advocacy Laws also the various violations of the powers of "The State " restricting constitutional rights expression, of redress and pursuit of happiness . Such laws being closely associated and in need of interpretation when applied to this case.
Such motion is respectfully requested in the name of justice and fairness to the citizens of our state and of this nation furthermore this motion is submitted for good cause and not for purposes of delay.
In support of this motion Movant requests the courts power of jurisdictional mandamus.
Wherefore, movant Jose N Proenza Sanfiel R.N. respectfully requests this court to enter its order granting this motion.
The opposing counsel has been contacted regarding this matter on this date via telephone and express the wish to view this motion before objecting or not.
CERTIFICATE OF SERVICE.
I hereby certify that, a true and correct copy of the foregoing, has been furnished by US Mail to: Kathryn L Kasprzak AHCA PO Box 14229 Tallahassee Fl 32317. 5th District Court of Appeals 300 South Beach St Daytona Beach Florida 32114.
This day 22nd _ Month of January____ in the year of __1999____ AD.
Jose N Proenza Sanfiel R.N. 4210 Pow's & Mia's Memorial Dr, St Cloud Fl 34772-8142. (407)-892-9006.http://noangle.com/onenurse E-mail Onenurse@noangle.com
**** NOTE**** Amicus Curiae = AMICUS CURIAE - Lat. "friend of the court." Refers to a party that is allowed to provide information (usually in the form of a legal brief) to a court even though the party is not directly involved in the case at hand.
A legal argument filed in a lawsuit by a person or organization not a party to the case, but who has an interest in the outcome. For example, in the Supreme Court abortion case, Webster v. Reproductive Services, amicus curiae briefs were filed by hundreds of pro-choice and anti-abortion organizations. The court may give the arguments in the amicus curiae brief as much or as little weight as it chooses.
This is the part that shows you care a little extra. Please take the time and go to some of these areas and let them know how you feel, and what they can do to help. Thanks so much. Also, contact any other person you wish. It is a free country still. SPECIALLY in my place!!
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************* NOTE OF INTEREST *********************
I have been caring for the American Way of life for a while now.... you can see the other part of me on the other Web Site that I also maintain. That Web-Site deal's with the POW/MIA Issue Please visit it and get involved there are still men left behind and they need your help also. Visit " THE REAPER'S EDGE A POW's SCREAMED ECHO IN CYBERSPACE "
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