No. 18-375

Daniel H. Alexander v. Bayview Loan Servicing, LLC

Lower Court: Florida
Docketed: 2018-09-21
Status: Denied
Type: Paid
Relisted (2)
Tags: 14th-amendment 5th-amendment constitutional-amendment disqualification due-process evidence-fraud foreclosure fraud judicial-review mortgage-foreclosure national-mortgage-settlement
Key Terms:
AdministrativeLaw DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2019-02-22 (distributed 2 times)
Question Presented (AI Summary)

Whether the Florida Supreme Court and the Third District Court of Appeal of Florida violated the due process protections of the 5th and 14th Amendments by allowing the Third DCA to block the Florida Supreme Court from reviewing an arbitrary and capricious per curiam affirmance and by refusing to grant disqualification when there are objective reasons to question its impartiality in foreclosure appeals raising fraudulent misconduct

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Whether the Florida Supreme Court and the Third District Court of Appeal of Florida (“the Third DCA”) violated the due process protections of the 5th and 14th Amendments to the U. S. Constitution by allowing the Third DCA to block the Florida Supreme Court from reviewing an arbitrary and capricious per curiam affirmance (“PCA”) of a final judgment of foreclosure procured using false evidence in an unconscionable scheme to defraud the courts, the federal regulators and the USS. Department of Justice that violated the $25 Billion National Mortgage Settlement by the continued use of fraudulent evidence in foreclosures? Whether the Florida Supreme Court and the Third District Court of Appeal of Florida violated the due process protections of the 5th and 14th amendments to the U.S. Constitution by refusing to grant disqualification when there are objective reasons to question its impartiality in foreclosure appeals raising this same fraudulent misconduct? 1

Docket Entries

2019-02-25
Rehearing DENIED.
2019-02-06
DISTRIBUTED for Conference of 2/22/2019.
2019-02-01
2019-01-07
Petition DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-11-19
Brief of respondent Bayview Loan Servicing, LLC in opposition filed. (11/21/2018)
2018-10-23
Motion to extend the time to file a response is granted and the time is extended to and including November 21, 2018.
2018-10-19
Motion to extend the time to file a response from October 22, 2018 to November 21, 2018, submitted to The Clerk.
2018-09-21
Petition for a writ of certiorari filed. (Response due October 22, 2018)
2018-08-01
Application (18A95) granted by Justice Thomas extending the time to file until September 21, 2018.
2018-07-23
Application (18A95) to extend the time to file a petition for a writ of certiorari from August 1, 2018 to September 21, 2018, submitted to Justice Thomas.

Attorneys

Bayview Loan Servicing, LLC
Mary Josephine WalterLiebler, Gonzalez & Portuondo, Respondent
Mary Josephine WalterLiebler, Gonzalez & Portuondo, Respondent
Daniel Alexander
Bruce JacobsJacobs Legal PLLC, Petitioner
Bruce JacobsJacobs Legal PLLC, Petitioner