Frank A. McClung, Jr., et ux. v. Elia E. Estevez
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.
Seventh Amendment right to jury trial