No. 23-906

April D. Gallop v. Cameron Bay Homeowner's Association

Lower Court: Virginia
Docketed: 2024-02-22
Status: Denied
Type: Paid
Tags: 14th-amendment due-process fourteenth-amendment fraud judicial-consistency judicial-integrity procedural-fairness subject-matter-jurisdiction void-judgment
Key Terms:
DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2024-04-26
Question Presented (from Petition)

1. Can a state court constitutionally deny a Motion to Set Aside/Vacate a judgment acquired through fraud and a court lacking subject matter jurisdiction, potentially violating the due process protections enshrined in the 14th Amendment?

2. United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260 (2010) defines void judgment as a legal nullity and void judgment so affected by a fundamental infirmity that the infirmity may be raised even after the judgment becomes final. Are the lower court, the court of appeal, and the Supreme Court of Virginia violating due process rights under the 14th Amendment by failing to vacate void judgments?

3. To what extent, if any, does the denial of a Motion to vacate a void judgment issued outside the jurisdiction by state courts constitute a violation of 14th Amendment Due Process protection?

4. Is there a discernible and inconsistent disagreement among lower courts regarding the interpretation of crucial legal issues concerning the court's jurisdiction when setting aside fraudulent and voided orders?

Question Presented (AI Summary)

Can a state court constitutionally deny a Motion to Set Aside/Vacate a judgment acquired through fraud and a court lacking subject matter jurisdiction, potentially violating the 14th-amendment-due-process

Docket Entries

2024-04-29
Petition DENIED.
2024-04-10
DISTRIBUTED for Conference of 4/26/2024.
2024-02-14
Petition for a writ of certiorari filed. (Response due March 25, 2024)

Attorneys

April D. Gallop
April D. Gallop — Petitioner