No. 21-473

Daniel G. Szmania v. Wells Fargo Bank, N.A., as Trustee for Bear Stearns Arm Trust 2007-3

Lower Court: Washington
Docketed: 2021-09-28
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review civil-procedure civil-rights due-process federal-jurisdiction personal-jurisdiction removal-to-federal-court res-judicata service-of-process
Latest Conference: 2021-10-29
Question Presented (from Petition)

1) Did THE SUPREME COURT OF WASHING TON error and fail in its duty when not enforcing, not recognizing and ignoring the civil court case Removal to Federal Court under 28 U.S.C. § 1446(d)? See

2) Did THE SUPREME COURT OF WASHING TON error and fail in its duty when not enforcing, not recognizing and ignoring the Lack of Personal Jurisdiction over Petitioner Daniel G. Szmania (Szmania) due to Lack of Service of Process by Wells Fargo Bank N.A., As Trustee for Bear Stearns Arm Trust 2007-3, (Wells)? Especially since the Washington State Appellate Court Division II, No. 50523-1-II, Ruled as such on January 3, 2019 saying on page 10: "We reversed based on Wells Fargo 's improper service of process " Appendix 4. See

3) Did THE SUPREME COURT OF WASHING TON error and fail in its duty when not enforcing, not recognizing and ignoring the Res Judicata Doctrine that prohibits Wells from starting a new law suit against Szmania after a previous case was appealed by Szmania to THE SUPREME COURT of the UNITED STATES, No. 18-734, which the Petition was Denied Review on February 19, 2019? Appendix 2. Did THE SUPREME COURT OF WASHINGTON act within the administration of justice or was their actions an arbitrary denial of Szmania 's property; his home? See

4) Was Petitioner 's Due Process, especially Procedural Due Process of the Fifth and Fourteenth Amendments to the United States Constitution Violated by THE SUPREME COURT OF WASHINGTON when it did:
a) Not enforce, did not recognize and ignored the civil court case Removal to Federal Court under 28 U.S.C. § 1446(d)?
b) Not enforce, did not recognize and ignored the Lack of Personal Jurisdiction over Szmania due to Lack of Service of Process by Wells when the Washington State Appellate Court Division II, No. 50523-1-II, Ruled as such on January 3, 2019 saying on page 10: "We reversed based on Wells Fargo 's improper service of process " Appendix 4. See https://www . Unpublished%20Qpinion.pdf
c) Not enforce, did not recognize and did ignore the Res Judicata Doctrine that prohibits Wells from starting a new law suit against Szmania after a previous case was appealed by Szmania to THE SUPREME COURT of the UNITED STATES, No. 18-734, which the Petition was Denied Review on February 19, 2019? Appendix 2. Did THE SUPREME COURT OF WASHINGTON act within the administration of justice or was their actions an arbitrary denial of Szmania 's property; his home? And was their inactions of not applying Res Judicata to the case, Was this a Violation of the Equal Protection Clause of the Fourteenth Amendments to the United States Constitution and within the administration of justice or was their actions an arbitrary denial of Szmania 's property; his home?

Question Presented (AI Summary)

Did the Supreme Court of Washington err in not enforcing the civil court case removal to federal court under 28 U.S.C. § 1446(d)?

Docket Entries

2021-11-01
Petition DENIED.
2021-10-13
DISTRIBUTED for Conference of 10/29/2021.
2021-10-06
Waiver of right of respondent Wells Fargo Bank to respond filed.
2021-09-23
Petition for a writ of certiorari filed. (Response due October 28, 2021)

Attorneys

Daniel G. Szmania
Daniel G. Szmania — Petitioner
Wells Fargo Bank
Garrett S. GarfieldHolland & Knight LLP, Respondent