No. 20-987

Spielbauer Law Office v. Midland Funding, LLC, et al.

Lower Court: California
Docketed: 2021-01-25
Status: Denied
Type: Paid
Tags: appeal civil-procedure constitutional-taking due-process entry-of-judgment judicial-discretion notice-of-appeal procedural-rights statutory-interpretation takings
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-03-26
Question Presented (AI Summary)

If a statute appears to reasonably permit the filing of a notice of appeal upon entry of order or entry of judgment, is it a denial of due process of law to arbitrarily interpret the statute with its most restrictive timeline?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. If a statute appears to reasonably permit the filing of a notice of appeal upon entry of order or entry of judgment, is it a denial of due process of law to arbitrarily interpret the statute with its most restrictive timeline? 2. Does an unconstitutional taking occur when an ambiguous statute is interpreted in a manner so as to deprive a litigant of a meritorious claim or appeal?

Docket Entries

2021-03-29
Petition DENIED.
2021-03-10
DISTRIBUTED for Conference of 3/26/2021.
2021-03-09
Reply of petitioner Spielbauer Law Office filed. (Distributed)
2021-02-24
Brief of respondents Midland Funding, LLC, et al. in opposition filed.
2021-01-19
Petition for a writ of certiorari filed. (Response due February 24, 2021)

Attorneys

Midland Funding, LLC, et al.
Leah Suzanne StricklandSolomon Ward Seidenwurm & Smith LLP, Respondent
Spielbauer Law Office
Thomas John SpielbauerThe Spielbauer Law Office, Petitioner