No. 20-505

Shlomit Ruttkamp v. Bank of New York Mellon, fka The Bank of New York

Lower Court: Connecticut
Docketed: 2020-10-19
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 14th-amendment bankruptcy civil-procedure due-process foreclosure property-rights real-property standing subject-matter-jurisdiction
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-02-19 (distributed 2 times)
Question Presented (AI Summary)

Whether subject matter jurisdiction should be waived

Question Presented (OCR Extract)

QUESTIONS PRESENTED Questions presented as follows: I. Whether subject matter jurisdiction should be waived when the book of law and the rules of law claim to the contrary. Whether, on the face of the record and based on the new evidence presented in the motion to dismiss filed Janu: ary 29, 2020, the trial court is without jurisdiction.” (Internal quotation marks omitted.) Caruso v. Bridgeport, 285 Conn. 618, 627, 941 ; A.2d 266 (2008). II. Whether the Connecticut courts of appeals correctly applied the law and could have reasonably reached the conclusion that they did granting the motion to dismiss appeal and denying petition for certification for review from the Connecticut Supreme Court, even though in the light of the new evidence (docket entry no. 247.00) presented in the motion to dismiss filed January 29, 2020, the trial court is without jurisdiction.” (Internal quotation marks omitted.) Caruso v. Bridgeport, 285 Conn. 618, 627, 941 A.2d 266 (2008). II. A judicial officer cannot constitutionally take a real property of a homeowner based upon fore; closure mortgage to which the homeowner was not an obligor/mortgagor, and the note ruled unenforceable as a matter of law, without a violation of the due process clause of the 14th Amendment to the United States Constitution : and Article First, Section 10 of the Connecticut Constitution. (See: Shelley v. Kraemer, 334 U.S. ; 1, 14 (1948).

Docket Entries

2021-02-22
Rehearing DENIED.
2021-01-20
DISTRIBUTED for Conference of 2/19/2021.
2021-01-05
Petition for Rehearing filed.
2020-12-14
Petition DENIED.
2020-11-24
DISTRIBUTED for Conference of 12/11/2020.
2020-11-16
Waiver of right of respondents Bank of New York Mellon, et al. to respond filed.
2020-10-07
Petition for a writ of certiorari filed. (Response due November 18, 2020)

Attorneys

Bank of New York Mellon, et al.
Dorothy Ann DavisEckert Seamans Cherin & Mellott, LLC, Respondent
William Ruttkamp
Shlomit Ruttkamp — Petitioner