No. 20-6735

Frank A. McClung, Jr., et ux. v. Elia E. Estevez

Lower Court: Florida
Docketed: 2020-12-31
Status: Denied
Type: IFP
Response WaivedRelisted (3)IFP
Tags: civil-procedure civil-rights default-judgment due-process fourteenth-amendment jurisdiction jury-trial service-of-process seventh-amendment standing
Latest Conference: 2021-05-13 (distributed 3 times)
Question Presented (from Petition)

THE SEVENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES PROTECTS THE RIGHT TO JURY TRIAL, DENIED BY THE TRIAL COURT'S ENTRY OF THE JULY 24, 2012 FINAL JUDGMENT FOR POSSESSION AFTER DEFAULT, REQUIRING REVERSAL OF SAID FINAL JUDGMENT AND ALL ORDERS ENTERED IN RELIANCE THEREON, INCLUDING THE OCTOBER 17, 2013 POST-DECRETAL ORDER AWARDING STATUTORY ATTORNEYS FEES AND COSTS.

THE DUE PROCESS AND EQUAL PROTECTION PROVISIONS OF THE FOURTEENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES REQUIRE REVERSAL OF THE JULY 24, 2012 FINAL JUDGMENT FOR POSSESSION ENTERED ON DEFAULT WITHOUT WRITTEN NOTICE, AND THE OCTOBER 17, 2013 POST-DECRETAL MONEY JUDGMENT, DUE TO DEFECTIVE OR NON-EXISTENT SERVICE OF PROCESS WHICH FAILED TO CONFER EITHER IN REM OR IN PERSONAM JURISDICTION ON THE TRIAL COURT.

IT WAS FUNDAMENTAL ERROR FOR THE TRIAL COURT TO RULE ON NEW OR ADDITIONAL CLAIMS AFTER CASE SUBJECT MATTER JURISDICTION CEASED TO EXIST.

IT IS INCUMBENT UPON STATE COURTS TO BE GUIDED BY AN ORDER OF THIS COURT DEALING WITH PROBLEMS OF TIMELY FILINGS RESULTING FROM A NATIONAL CRISIS.

Question Presented (AI Summary)

Seventh Amendment right to jury trial

Docket Entries

2021-05-17
Rehearing DENIED.
2021-04-21
DISTRIBUTED for Conference of 5/13/2021.
2021-04-09
Petition for Rehearing filed.
2021-03-22
Petition DENIED.
2021-03-04
DISTRIBUTED for Conference of 3/19/2021.
2021-02-26
Petitioners complied with order of February 22, 2021.
2021-02-22
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until March 15, 2021, within which to pay the docketing fee required by Rule 38(a).
2021-01-21
DISTRIBUTED for Conference of 2/19/2021.
2021-01-19
Waiver of right of respondent Elia E. Estevez to respond filed.
2020-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 1, 2021)

Attorneys

Elia E. Estevez
Andrew Paul KawelKawel PLLC, Respondent
Frank A. McClung, et al.
Frank A. McClung Jr. — Petitioner