Anne-Marie Mendible v. Special Proceedings Department of the Wake County Court, et al.
1. Whether the due process constitutional right of the petitioner is infringed and the Federal Court has jurisdiction to entertain it.
2. Whether the court has decided the cases arbitrarily and without hearing the petitioner, as it is a settled principle of law that no one should be condemned unheard, but in the present case the case the court decided the case without giving an opportunity to file the interrogatories by the petitioner.
3. Whether the court has subject matter jurisdiction under the law, the District Court is proper forum to file the present case and the court has subject matter jurisdiction to proceed the case.
4. Whether the case is in continuation of the case filed before State Court, and res judicata is applicable, this case is separately filed and parties are not same there for res judicial will not be applicable.
5. Whether the petitioner has filed the case within limits prescriber under the statute of limitation. The case is within the limitation as it involves continuous cause of action.
6. Whether the petitioner has failed to made out her case, the petitioner has not given opportunity to file the interrogatories and the merits only can be decided after recording of evidence.
Whether the due process constitutional right of the petitioner is infringed and the Federal Court has jurisdiction to entertain it