August 2, 2007 - The Wait Is On
Eight Months & Waiting
Updated August 2, 2007
I argued my case almost eight months ago and I am still waiting for a decision from the Court. Depending on how you look at it, eight monthscan be good or bad. I take it as a positive sign that there is no clear cut way to decide the issue without looking at the constitutional issues, which courts generally do not like to do. Any opinion in my favor would touch on State constitutional issues such as privacy and freedom of association. Florida guarantees its citizens a higher level of privacy than the Federal constitution.
On the bad side, it could just be that the judges do not want to tackle the issues involved with the parking of a truck in Coral Gables overnight. Although the case is novel, the issue may not be as important to the court as it is to me. Regardless of the court’s decision, I did enjoy doing the work involved in writing and arguing my brief.
If I lose, I will appeal the issue to the Supreme Court of Florida. By the way; I graduated from St. Thomas School of Law in May, and took the Florida Bar Exam in July. I expect the results of my exam during the second week of September.
Kerns v. City of Coral Gables
John Kerns, a resident of Coconut Grove has enlisted the services of attorney Spencer Kuvin, of Leopold & Kuvin, to represent him against the City of Coral Gables in a lawsuit similar to mine. John's father Jack is a resident of the City of Coral Gables and has had some health issues which required John to come over and assist him at night. The only problem is that John drives a pick-up truck which has been ticketed numerous times by CG Code Enforcement. John called and tried to explain to the Zoning Officer that his father, on occation, needed his help due to a serious illness.