No. 19-1463

Sandra Jean Oliver v. James C. Oliver, Jr., et al.

Lower Court: Mississippi
Docketed: 2020-07-07
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: abuse-of-discretion chancery-court civil-procedure constitutional-rights due-process equal-protection jurisdiction recusal rule-60 standing void-judgment
Key Terms:
DueProcess Privacy
Latest Conference: 2020-12-04 (distributed 2 times)
Question Presented (AI Summary)

Whether four orders issued by the chancery court, when the court did not have jurisdiction over the Petitioners, should be held as void and vacated pursuant to Rule 60(b)(4)

Question Presented (from Petition)

QUESTIONS PRESENTED “A judgment is not void simply because it is erroneous, but only where the court rendering it lacked jurisdiction over the subject matter or the parties, or if it acted in a manner inconsistent with due process of law. 11 Wright Miller, Federal Practice and Procedure § 2862 (1973) United States v. 119.67 Acres of Land, More or Less, Situated in Plaquemines Parish, 663 F.2d 1328, 1331 (5th Cir. 1981) Petitioners, Sandra J. Oliver, James Howard Oliver and the Estate of Zona Mae Oliver have been seeking justice for over seven years as they have been constantly denied their due process rights to be heard before a fair tribunal and subjected to unfair bias and prejudice. The Mississippi Court of Appeals added insult to injury as its Opinion provided all of the case law and argument for the Respondents, even after the Reply Brief clearly took note, requesting all cases be reversed. In honor of Sandra’s best friend, father and Petitioner, James Howard Oliver, who was 93 years old, a WWII Veteran and who just died on Good Friday, April 10, 2020, Sandra promised to continue to fight for the land he was born on which has been in the Oliver family since 1885 and is wrongfully being allowed to be stolen by his brother and his family who have never been held accountable for wasting away the Estate of Zona Mae Oliver, Howard’s mother and Sandra’ grandmother. The questions for review are: _ I. Whether four orders issued by the chancery court, when the court did not have jurisdiction over the ii QUESTIONS PRESENTED -— Continued Petitioners, should be held as void and vacated pursuant to Rule 60(b)(4). II. Whether the sustaining of a motion in limine, essentially disposing of all claims and the petitioners’ entire case, denying the right to ever be heard before a fair tribunal and present the facts as contemplated by state and federal rules of evidence as well as guaranteed by the Fifth and Fourteenth Amendments is a clear violation in due process rights, an abuse of discretion, manifestly wrong and should be reversed. III. Whether the Chancellor should have recused herself and granted a new trial after Petitioners filed their 1st Amended Motion for New Trial with Impartial Tribunal or in Alternative to Alter or Amend Judgement, instead of continuing to show prejudice, bias and advocacy for the Plaintiffs, depriving Petitioners of their due process rights. IV. Whether the Petitioners were denied equal protection of law and due process of law when the Mississippi Court of Appeals’ Opinion provided all the case law and argument on behalf the Respondents, twisting, changing and ignoring the facts in order to benefit the Respondents and supported the chancery court ruling. iii RELATED CASES : ¢ Plaintiffs, Terry Michael Carney, Jr. and Melissa M. Carney v. Defendant, Sandra Jean Oliver, No. 13-88-ML Montgomery County, Mississippi Chancery Court. First Judgment for Partition on February 1, 2016. Final Judgment for Partition entered September 30, 2016. e =6Plaintiffs, Sandra Jean Oliver and James Howard Oliver v Defendants, James C. Oliver, Jr, Terry Michael Carney, Melissa M. Carney, Janet Carol Oliver and James Donald Oliver, No. 15-93-PL, Montgomery County, Mississippi Chancery Court. Order entered to transfer and consolidate on November 23, 2016. Denial of Motion to Set Aside Transfer and Consolidate Case entered on December 8, 2016. No final judgment ever entered. | ¢ Plaintiffs, In the Matter of the Estate of Zona Mae Oliver, Deceased, Sandra Jean Oliver Joined by James Howard Oliver v Defendants, James C. Oliver, Jr, Terry Michael Carney and Melissa M. Carney (In re Estate of Oliver), No. 13-125-VD, Montgomery County, Mississippi Chancery Court. Order of Judgment of Dismissal, Sanctions and Strike Mem. Brief entered November 14, 2016. Denial of Motion to Set Aside Judgment for Dismissal and Motion to Set Aside Order to Strike and for Sanctions and Motion to Consolidate with Companion Case (15-93-PL) entered December 28,

Docket Entries

2020-12-07
Rehearing DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-10-30
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-08-19
DISTRIBUTED for Conference of 9/29/2020.
2020-07-13
Waiver of right of respondents Michael D. Carney, et al. to respond filed.
2020-06-29
Petition for a writ of certiorari filed. (Response due August 6, 2020)

Attorneys

Michael D. Carney, et al.
J. Lane GreenleeGreenlee Law Firm, Inc., Respondent
J. Lane GreenleeGreenlee Law Firm, Inc., Respondent
Sandra J. Oliver
Sandra Jean Oliver — Petitioner
Sandra Jean Oliver — Petitioner