No. 18-220

Javier A. Carrillo, et al. v. U.S. Bank National Association, et al.

Lower Court: Florida
Docketed: 2018-08-21
Status: Denied
Type: Paid
Relisted (2)
Tags: 15-usc-1635 appellate-review civil-procedure civil-procedure-appeal creditor-possession due-process judicial-discretion judicial-procedure judicial-review per-curiam rescission-right standing state-court statutory-interpretation supreme-court writ-of-possession
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Can borrowers exercise the right to rescind a transaction under 15 U.S.C. 1635(b) and require the creditor to take possession of the property within 20 days, when the creditor fails to do so and another creditor holds a lien on the property?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Borrowers exercised timely the right to rescind the transaction in satisfaction of the requirements of Section 1635 [1635()]. The creditor did not take possession of the property within 20 days after tender by the obligor as required by the Section 1635(b); and, other creditor holds of a lien for the total sum specified in the judgment. The questions presented are: 1) Can three judges tribunal deny without opinion an Appellants’ suggestion that the appeal would require immediate resolution by the Supreme Court of the state because is a) of great public importance; and b) will have a great effect on the administration of justice throughout the state based in a recent opinion unanimous of the U.S. Supreme Court? i 2) Can three judges tribunal resolve Per Curiam Affirmed an appeal in which the issues presented have already resolved by the Supreme Court of the United States, known the Tribunal that the decisions without opinion are not reviewed by the Supreme Court of the state ? 3) Can three judges tribunal to affirm Per Curiam an . order for Writ of Possession when the creditor did not take possession within of the requirements of the Section 15 U.S.C. 1635(b) and the holder-owner of the lien is other Bank as provided by the Judgment? 4) Can only three judges of a panel of 10-judges deny without opinion a Motion for Rehearing En Banc and Determination of Causa in the Appellate Court En Banc without the participation of the judges of the iii panel accordance with a new opinion of the Supreme Court of the United States?

Docket Entries

2019-01-07
Rehearing DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-11-23
2018-10-29
Petition DENIED.
2018-10-03
DISTRIBUTED for Conference of 10/26/2018.
2018-08-06
Petition for a writ of certiorari filed. (Response due September 20, 2018)
2018-06-05
Application (17A1338) granted by Justice Thomas extending the time to file until August 4, 2018.
2018-05-25
Application (17A1338) to extend the time to file a petition for a writ of certiorari from June 5, 2018 to August 4, 2018, submitted to Justice Thomas.

Attorneys

Javier A. Carrillo, et al.
Javier A. Carrillo — Petitioner
Javier A. Carrillo — Petitioner