AMERICAN SECURITY INSURANCE COMPANY
v.
PUCKETT
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Defendant David Puckett, proceeding pro se, sought emergency relief from the court requiring plaintiff American Security Insurance Company to pay for mold assessment, structural engineering, temporary relocation, and property damages totaling approximately $17,000. The court denied the motions, finding no legal basis for the relief requested despite sympathy for Puckett's situation involving property damage, mold, and rodent infestation.
The court denied the emergency motions, finding no legal basis for the requested relief despite applying a liberal construction standard appropriate for pro se litigants.
[1] Pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and are liberally construed.
[2] A court may deny a motion for relief even if sympathetic to the movant's situation if there is no legal basis for the requested relief.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and are liberally construed.”
Establishes the deferential standard applied to pro se litigants' filings
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Join FLexlaw to unlock all legal intelligencePuckett's home suffered damage that rendered a large portion unusable, creating health concerns. As of September 17, 2024, Puckett had trapped and kil…
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This matter comes before the Court on defendant David Puckett's Emergency Motion Requesting Immediate Relief and Relocation (Doc. 13) and Motion Requesting an Emergency Hearing on [] Motion Requesting Immediate Relief and Relocation (Doc. 14).
Mr. Puckett requests that the Court require Plaintiff to pay or reimburse Mr. Puckett up to $1,500 for a mold professional, up to $2,500 for a licensed structural engineer, $5,500 per month for up to six months' relocation, and property damages not to exceed $7,500. (Doc. 13 at 4, 5, 7–8). Mr. Puckett explains that damage to his home has made a large portion of his home unusable, and that he is concerned for his personal health. (Id. at 6). He also explains that as of September 17, 2024, he has trapped and killed seventeen rodents and a racoon. (Id.)
Because Mr. Puckett is a pro se litigant, this Court has construed his request liberally. See Bingham v. Thomas, 654 F. 3d 1171, 1175 (11th Cir. 2011) (citation
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and quotation marks omitted) (“Pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and are liberally construed.”). Nevertheless, although the Court is very sympathetic to Mr. Puckett's situation, the Court finds that there is no legal basis for the relief requested. Accordingly, the Emergency Motions (Docs. 13, 14) are DENIED.
Mr. Puckett is encouraged to visit https://www.flmd.uscourts.gov/litigantswithout-lawyers for further direction on how to proceed in this matter.
ORDERED in Tampa, Florida on September 18, 2024.
JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE
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