No. 20-750

Timothy P. Murphy v. Susan Stacy, Circuit Court Judge

Lower Court: Eleventh Circuit
Docketed: 2020-12-03
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure constitutional-rights due-process erie-doctrine federal-courts state-law-interpretation subject-matter-jurisdiction summary-judgment swift-v-tyson
Key Terms:
SocialSecurity DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2021-01-22
Question Presented (AI Summary)

Whether federal courts can disregard Erie Railroad Co. v. Tompkins

Question Presented (from Petition)

QUESTIONS PRESENTED ; 1. Whether under any circumstances in their application of common law, federal courts are allowed the authority or discretion to disregard this Court’s opinion in Erie Railroad Co. v. Tompkins, as in this case by their failure to consider the requisite requirements to invoke a Florida trial court’s subject matter jurisdiction established unanimously by opinions of the state’s highest court, and instead apply the doctrine of Swift v. Tyson. 2. Whether as the subject courts state and federal did determine by their decisions, a court retains the authority and jurisdiction to enter and enforce a summary judgment after denying the affected party their constitutional right to be heard.

Docket Entries

2021-01-25
Petition DENIED.
2021-01-06
DISTRIBUTED for Conference of 1/22/2021.
2020-12-15
Waiver of right of respondent Susan Stacy, Circuit Court Judge to respond filed.
2020-11-25
Petition for a writ of certiorari filed. (Response due January 4, 2021)

Attorneys

Susan Stacy, Circuit Court Judge
Bilal Ahmed FaruquiOffice of the Florida Attorney General, Respondent
Bilal Ahmed FaruquiOffice of the Florida Attorney General, Respondent
Timothy P. Murphy
Timothy P. Murphy — Petitioner
Timothy P. Murphy — Petitioner