No. 23-654

Malka Leeal v. Newrez LLC, dba Shellpoint Mortgage Servicing, et al.

Lower Court: Sixth Circuit
Docketed: 2023-12-18
Status: Denied
Type: Paid
Tags: appellate-review case-caption civil-procedure claims-raised-or-could-have-been-raised district-court final-judgment legal-obligation res-judicata same-transaction summary-judgment
Key Terms:
JusticiabilityDoctri
Latest Conference: 2024-02-16
Question Presented (from Petition)

1. WHETHER THE DISTRICT COURT ERRED IN ITS BURDEN TO ESTABLISH ALL FOUR ELEMENTS OF RES JUDICATA AND CONDUCT DE NOVO REVIEW. (I) IT INVOLVES THE SAME PARTIES AS THE SAME SUIT; (II) THE FIRST SUIT RESULTED IN A FINAL JUDGMENT ON THE MERITS; (III) THE SECOND SUITE RAISES CLAIMS BASED ON THE SAME TRANSACTION OR OCCURRENCES AS THE FIRST SUIT; (IV) THE CLAIMS IN THE SECOND SUIT WERE RAISED OR COULD HAVE BEEN RAISED IN THE FIRS SUIT.

2. ALTERNATIVELY, WHETHER THE DISTRICT COURT JUDGMENT, AND MAGISTRATE REPORT & RECOMMENDATION CONTAINS A FUNDAMENTAL FLAW, WHEN BOTH IGNORED MALKA LEEAL 'S MOTION TO AMEND CASE CAPTION REMOVING MATI LEEAL 'S NAME FROM THE COMPLAINT, AND ITS EFFECT.

3. WHETHER THE RECORD SUPPORTS THE DISTRICT COURTS FACTUAL FINDINGS: PLAINTIFF MALKA LEEAL IS A BORROWER, OR THE DISTRICT COURT INTENDED TO ENFORCE PETITIONER MALKA LEEAL TO PAY MATI LEEAL (DECEASED) 2007 NOTE OBLIGATION, A NOTE SHE DID NOT SIGN IS A FUNDAMENTAL FLAW?

4. WHETHER THE DISTRICT COURTS DECISION CONTAINING A FUNDAMENTAL FLAW: THAT IT GRANTED RESPONDENT 'S MOTION FOR SUMMARY JUDGMENT, RELIES ON NOVEL EXPLANATION WITHOUT IDENTIFYING THE SUB RULE UNDER WHICH IT GRANTED SUMMARY JUDGMENT. SMITH V. GLOBE LIFE INS. CO, 460 MICH 446, 454; 597 NW2D 8 (1999), IS SUFFICIENT FOR MEANINGFUL APPELLATE REVIEW?

5. ALTERNATIVELY, WHETHER THE LAW ALLOWED RESPONDENTS TO ENLIST THE AID OF THE COURT TO TRANSFER TO PETITIONER MALKA LEEAL, THE OBLIGATION OF MATI (DECEASED) TO PAY HIS NOTE, SIMPLY BECAUSE THAT WAS RESPONDENTS ONLY REMAINING AVENUE TO RECOVER ITS FUNDS?

Question Presented (AI Summary)

Whether the district court erred in its burden to establish all four elements of res-judicata-and-conduct-de-novo-review

Docket Entries

2024-02-20
Petition DENIED.
2024-01-31
DISTRIBUTED for Conference of 2/16/2024.
2023-12-11
2023-10-17
Application (23A347) granted by Justice Kavanaugh extending the time to file until December 11, 2023.
2023-10-12
Application (23A347) to extend the time to file a petition for a writ of certiorari from October 12, 2023 to December 11, 2023, submitted to Justice Kavanaugh.

Attorneys

Malka Leeal
Malka Leeal — Petitioner