No. 21-5220

Brian Brantley v. Florida Department of Revenue

Lower Court: Florida
Docketed: 2021-07-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure court-order due-process legal-procedure motion-to-vacate rule-1.540 rule-1.540(b)(4) standing subject-matter-jurisdiction void-order
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether a court's decision denying a petitioner rule 1.540(b)(4) motion to vacate order as void for lack of subject matter jurisdiction not based on the evidence presented before the court by the court violates a petitioner right to due process and due process of law

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether a court’s decision denying a petitioner rule 1.540(b)(4) motion to vacate order as void for lack of subject matter jurisdiction not based on the evidence presented before the court by the court violates a petitioner right to due . process and due process of law. Whether a rule 1.540(b)(4) motion to vacate order as void for lack of subject matter jurisdiction can be filed at any time and granted at any time.

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-08-11
Waiver of right of respondent FL Dept. of Revenue to respond filed.
2021-07-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2021)

Attorneys

Brian Brantley
Brian Brantley — Petitioner
Brian Brantley — Petitioner
FL Dept. of Revenue
Christopher John BaumSolicitor General's Office, Florida's Office of the Attorney General, Respondent
Christopher John BaumSolicitor General's Office, Florida's Office of the Attorney General, Respondent