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1 [1] (2012)
FANE LOZMAN, PETITIONER v. THE CITY OF RIVIERA BEACH, FLORIDA

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                        August 28, 2012

Via Electronic Mail and FedEx

Honorable William K. Suter
Clerk of the Court
Supreme Court of the United States
1 First Street, N.E.
Washington, DC 20543

      Re:   Lozman v. The City of Riviera Beach, Florida
            Case No. 11-626
            Oral Argument Scheduled for October 1, 2012

Dear General Suter,

      This letter responds to the Court's supplemental briefing
order of August 14, 2012. The answer to the Court's question is that
neither the judicial sale nor the City's subsequent destruction of
petitioner's floating home renders this case moot.

      The City itself previously has explained as much. After
petitioner's home was sold at the judicial auction, he filed an
emergency motion in the Eleventh Circuit seeking to prevent
confirmation of the sale. Lozman argued, among other things, that
confirming the sale would cause him irreparable harm. The City
responded that Lozman would suffer no such harm because the City
had posted a security bond of $25,000 in the district court, which the
City argued would be more than sufficient compensation if he
prevailed on appeal. Appellee's Response to Appellant's Emergency
Motion to Stay Sale and Confirmation of the Sale at 14 (copy
attached as Appendix B; copy of the bond attached as Appendix A).
The City further emphasized that the sale will not moot this
appeal because the City's bond remains in the registry of the
District Court and therefore serve[sl as substitute security for the
[home itself]. Id. at 16-17. Following that assurance, the Eleventh
Circuit denied Lozman's motion to stop the sale.





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