No. 20-1722

Damian Cruz v. Glenda I. Lebron Vazquez

Lower Court: Puerto Rico
Docketed: 2021-06-11
Status: Denied
Type: Paid
Tags: administrative-agency civil-procedure default-judgment due-process fourteenth-amendment in-personam-jurisdiction interstate-jurisdiction subject-matter-jurisdiction
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the Puerto Rico Court of Appeal departed so far from the due process in direct conflict with the Fourteenth Amendment of the Constitution of the United States

Question Presented (OCR Extract)

QUESTIONS PRESENTED The following questions are presented: 1. Whether the Puerto Rico Court of Appeal departed so far from the due process in direct conflict with the Fourteenth Amendment of the Constitution of the United States; and erred when affirmed refers to the administrative agency Puerto Rico Child Support Administration a pure federal law question about in personam, subject matter and interstate territorial jurisdiction that arose from the divorce default judgment in direct conflict with what this Court has held in Ku/ko v. Superior Court of Cal, City and County of San Francisco, 436 U.S. 84 (1978) bounded by the Puerto Rico Supreme Court in Shuler v. Shuler, 157 P.R. Dec. 707 (2002). 2. Whether the Puerto Rico Court of Appeal erred, abused its discretion and departed so far from the judicial proceedings when affirmed refers to the administrative agency Puerto Rico Child Support Administration a pure trial court judicial issue about errors found in a default judgment entered for the divorce lawsuit in direct conflict with the Puerto Rico Rules of Civil Procedures, Rule 43.6 which state that a judgment by default shall not be different in kind of the original demand; and Rule 49.1 which state that only a trial court can correct errors found in its own judgments and after an appeal can be corrected only by the Puerto Rico Court of Appeal.

Docket Entries

2021-10-04
Petition DENIED.
2021-07-28
DISTRIBUTED for Conference of 9/27/2021.
2021-06-09
Petition for a writ of certiorari filed. (Response due July 12, 2021)

Attorneys

Damian Cruz
Damian Cruz — Petitioner