No. 20-1225

Jenean Elizabeth Winston, et al. v. Mark Anthony Walsh

Lower Court: Eleventh Circuit
Docketed: 2021-03-05
Status: Denied
Type: Paid
Response Waived
Tags: actual-notice affidavit civil-procedure hague-convention prejudice service-of-process
Latest Conference: 2021-04-16
Question Presented (from Petition)

1) Did the Court of Appeals err by affirming the District Court setting aside the United Kingdom's Central Authority Certificate of Compliance without undertaking a "lack of notice" or a "prejudice" inquiry?

2) Did the Court of Appeals err by affirming the District Court setting aside the United Kingdom's Central Authority Certificate of Compliance even though Petitioners had complied with local rules and Appellees had actual notice?

3) Did the Court of Appeals err by affirming the District Court's decision to give determinative authority to Appellee's affidavit, claiming that the address was not the proper residence, despite the facts that: (1) the Appellee listed that address on U.S. Customs documents as his address for purposes of importing vehicles, (2) the Appellee's wife used that address as her residence when registering a company, (3) the Appellee's sister owned the residence at that address, which had multiple bedrooms and out of which she operated a Bed and Breakfast; (4) Appellee identified his "sister's address" as an address he used for business in response to Interrogatories; and (5) Appellee identified his sister's address as one where he and Petitioners "stayed"?

Question Presented (AI Summary)

Did the Court of Appeals err in affirming the District Court's dismissal of the case due to insufficient service of process?

Docket Entries

2021-04-19
Petition DENIED.
2021-03-24
DISTRIBUTED for Conference of 4/16/2021.
2021-03-09
Waiver of right of respondent Mark Anthony Walsh to respond filed.
2021-03-01
Petition for a writ of certiorari filed. (Response due April 5, 2021)

Attorneys

Jenean Winston, et al.
Mario Bernard WilliamsNDH LLC, Petitioner
Mark Anthony Walsh
Keith JohnstonSpivey Pope Green, LLC, Respondent