No. 18-872

Dariusz Dolacinski, et ux. v. Bank of America

Lower Court: Florida
Docketed: 2019-01-08
Status: Denied
Type: Paid
Response Waived
Tags: circuit-court-procedure civil-procedure consent-fraud due-process final-judgment foreclosure foreclosure-sale fraud jurisdiction-challenge service service-defect service-of-process standing
Key Terms:
Privacy
Latest Conference: 2019-02-15
Question Presented (AI Summary)

If the Consent to final judgement in writing or otherwise never existed and was falsely and/or fraudulently presented to the Court by the Respondent's Attorney of Record, then should the Final Judgment of the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida on July 10, 2014 not be vacated as permitted by Fed.R.Civ.P.60(b)(3)

Question Presented (OCR Extract)

QUESTIONS PRESENTED | 1. If the Consent to final judgement in writing or | otherwise never existed and was falsely and/or fraudulently presented to the Court by the Respondent’s Attorney of Record, then should the Final Judgment of the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida on July 10, 2014 not be vacated as permitted by 2. Ifthe Final Judgement of July 10, 2014 be vacated, then should not the dismissal by the Tenth Judi: cial Circuit Court in and for Polk County, Florida : on June 2, 2017 of the Petitioners’ Objection to the Sale, Emergency Motion to Administratively Cancel/Vacate the Foreclosure Sale be subject to : review, and/or alternatively also be vacated. 3. If statutory requirements for service on the Petitioners throughout this case have been defective, would this not result in a failure to acquire jurisdiction over the Defendants (the Petitioners) in this Petition.

Docket Entries

2019-02-19
Petition DENIED.
2019-01-30
DISTRIBUTED for Conference of 2/15/2019.
2019-01-22
Waiver of right of respondent Bank of America to respond filed.
2018-12-28
Petition for a writ of certiorari filed. (Response due February 7, 2019)
2018-10-22
Application (18A420) granted by Justice Thomas extending the time to file until December 28, 2018.
2018-10-17
Application (18A420) to extend the time to file a petition for a writ of certiorari from November 1, 2018 to December 28, 2018, submitted to Justice Thomas.

Attorneys

Bank of America
Mary Josephine WalterLiebler, Gonzalez & Portuondo, Respondent
Dariusz Dolacinski, et ux.
Dariusz Dolacinski — Petitioner