No. 24-553

Donijah Virgo v. Heather Michelle Roberts, et al.

Lower Court: Alabama
Docketed: 2024-11-18
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure constitutional-rights contributory-negligence due-process equal-protection summary-judgment
Latest Conference: 2025-01-17
Question Presented (from Petition)

In the District Court of Mobile, AL Donijah Virgo's constitutional rights were violated when complaint was not officially served to the parties involved promptly after filing with the court on 12/14/2021. At a subsequent time, on 1/7/2022 the petitioner observed proceedings in action against him. Upon acknowledgment Virgo appeared at the office of the attorney on file, Charles Barber of Green & Phillips LLC, demanding that the complaint be handed over. Mr. Barber exclaimed that the case had been dismissed and there was no proceeding taking place regarding Mr. Virgo. When Mr. Virgo produced the docket number Mr. Barber then turned over the filings.

Did the Circuit Court of Mobile, AL err in judgment granting summary judgment in favor of Heather Roberts in the appellate court violate Donijah's constitutional rights of due process by affirming summary judgment to dismiss a case on contributory negligence?

Question Presented (AI Summary)

Whether the Circuit Court of Mobile, AL violated Donijah Virgo's constitutional due process rights by granting summary judgment in a contributory negligence case

Docket Entries

2025-01-21
Petition DENIED.
2024-12-31
DISTRIBUTED for Conference of 1/17/2025.
2024-11-27
Waiver of right of respondent Heather Michelle Roberts to respond filed.
2024-06-27
Petition for a writ of certiorari filed. (Response due December 18, 2024)

Attorneys

Donijah Virgo
Donijah Virgo — Petitioner
Heather Michelle Roberts
Aaron M. WileyHoltsford Gilliland Hitson, Merritt Building II, Respondent