No. 20-6735

Frank A. McClung, Jr., et ux. v. Elia E. Estevez

Lower Court: Florida
Docketed: 2020-12-31
Status: Denied
Type: IFP
Response WaivedRelisted (3)IFP
Tags: civil-procedure civil-rights default-judgment due-process fourteenth-amendment jurisdiction jury-trial service-of-process seventh-amendment standing
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-05-13 (distributed 3 times)
Question Presented (AI Summary)

Seventh Amendment right to jury trial

Question Presented (OCR Extract)

Questions presented for review , POINT I : SEVENTH AMENDMENT RIGHT TO JURY TRIAL THE SEVENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES PROTECTS THE RIGHT TO JURY TRIAL, DENIED BY THE TRIAL COURT'S ENTRY OF THE JULY 24, 2012 FINAL JUDGMENT FOR POSSESSION AFTER DEFAULT, REQUIRING REVERSAL OF SAID FINAL JUDGMENT AND ALL ORDERS ENTERED IN RELIANCE THEREON, INCLUDING THE OCTOBER 17, 2013 POST-DECRETAL ORDER AWARDING STATUTORY ATTORNEYS FEES AND COSTS. POINT Of FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS THE DUE PROCESS AND EQUAL PROTECTION PROVISIONS OF THE FOURTEENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES REQUIRE REVERSAL OF THE JULY 24, 2012 FINAL JUDGMENT FOR POSSESSION ENTERED ON DEFAULT WITHOUT WRITTEN NOTICE, AND THE OCTOBER 17, 2013. POST-DECRETAL MONEY JUDGMENT, DUE TO DEFECTIVE OR NON-EXISTENT SERVICE OF PROCESS WHICH FAILED TO CONFER EITHER IN REM OR IN PERSONAM JURISDICTION ON THE TRIAL COURT. POINT TT POST-JUDGMENT LOSS OF JURISDICTION IT WAS FUNDAMENTAL ERROR FOR THE TRIAL COURT TO RULE ON NEW OR ADDITIONAL CLAIMS AFTER CASE SUBJECT MATTER JURISDICTION CEASED TO EXIST. POINT _V EXTENSIONS OF TIME IT IS INCUMBENT UPON STATE COURTS TO BE GUIDED BY AN ORDER OF THIS COURT DEALING WITH PROBLEMS OF TIMELY FILINGS RESULTING FROM A NATIONAL CRISIS. i McCLUNG v. ESTEVEZ U.S. Sup. Ct. Pet.W.Cert. Case No. From Florida S.Ct Case No. SC19-1814; 3D19-1562; 13-394 AP (01); Lower Tribunal Florida County Trial Court Case No. 2011-026200 CC 23 (02) 1.(b)(i) All

Docket Entries

2021-05-17
Rehearing DENIED.
2021-04-21
DISTRIBUTED for Conference of 5/13/2021.
2021-04-09
Petition for Rehearing filed.
2021-03-22
Petition DENIED.
2021-03-04
DISTRIBUTED for Conference of 3/19/2021.
2021-02-26
Petitioners complied with order of February 22, 2021.
2021-02-22
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until March 15, 2021, within which to pay the docketing fee required by Rule 38(a).
2021-01-21
DISTRIBUTED for Conference of 2/19/2021.
2021-01-19
Waiver of right of respondent Elia E. Estevez to respond filed.
2020-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 1, 2021)

Attorneys

Elia E. Estevez
Andrew Paul KawelKawel PLLC, Respondent
Andrew Paul KawelKawel PLLC, Respondent
Frank A. McClung, et al.
Frank A. McClung Jr. — Petitioner
Frank A. McClung Jr. — Petitioner