Frank A. McClung, Jr., et ux. v. Elia E. Estevez
DueProcess JusticiabilityDoctri
Seventh Amendment right to jury trial
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