Roy Sheridan v. DLJ Mortgage Capital, Inc.
AdministrativeLaw DueProcess Jurisdiction
Does Federal Rule of Civil Procedure 52(c) violate the Due Process clauses of the Fifth and Fourteenth Amendments
QUESTION PRESENTED Following the close of the Plaintiffs case in chief, the District Judge granted judgment on partial findings in favor of DLJ Mortgage Capital, Inc., and denied Roy Sheridan the opportunity to present his case in defense. THE QUESTION PRESENTED IS: Does Federal Rule of Civil Procedure 52(c) violate the Due Process clauses of the Fifth and Fourteenth Amendments to the United States Constitution, as this Court articulated in United States v. James Daniel Good Real Property, 510 U.S. 48 (19983), if it permits judgment to be entered in favor of the plaintiff after it rests, but before the defense presents its case, as a judgment against a party that was “fully heard”? ii LIST OF PROCEEDINGS United States Court of Appeals for the Third Circuit No. 18-3187 DLJ Mortgage Capital, Inc., v. Ana Sheridan, Roy Sheridan, Department of Treasury Internal Revenue Service, Appellant Date of Final Opinion: September 22, 2020 Date of Rehearing Denial: October 20, 2020 District Court of Virgin Islands Civil No. 2016-85 DLJ Mortgage Capital, Inc., Plaintiff v. Ana Sheridan, Roy Sheridan, Department of Treasury — Internal Revenue Service, Defendants Date of Judgment: August 10, 2018