No. 22-1035

Shoman Kasbekar, et al. v. Ivy Station Community Association, Inc., et al.

Lower Court: Eleventh Circuit
Docketed: 2023-04-25
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure due-process fourteenth-amendment full-faith-and-credit jurisdiction pleading rooker-feldman-doctrine state-court state-court-jurisdiction
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2023-06-22
Question Presented (AI Summary)

Whether a state court acts with jurisdiction and in a manner consistent with Fourteenth Amendment Due Process when it enters judgment on a pleading expressly disallowed by the state's rules of civil procedure and orders a person to pay damages on claims not asserted against that person but against another person

Question Presented (OCR Extract)

QUESTIONS PRESENTED After holding that the Rooker-Feldman doctrine jurisdictionally barred it from determining whether a state court judgment is void ab initio and subject to collateral attack, the Eleventh Circuit determined that a Georgia court acted with jurisdiction and in a manner consistent with Fourteenth Amendment Due Process when it entered judgment on a pleading expressly disallowed by Georgia’s Civil Practice Act and thereby ordered a plaintiff to pay damages on claims asserted against a third-party and the third-party to pay damages on claims asserted against the plaintiff. Refusing to apply Georgia law to determine the validity of a Georgia court judgment, the Eleventh Circuit reasoned that two pleadings, one asserting claims against the plaintiff and the other asserting claims against the third-party, were “substantively identical” and, as such, the plaintiff and the third-party each had notice to defend claims asserted solely against the other. The questions presented are: 1. Whether a state court acts with jurisdiction and in a manner consistent with Fourteenth Amendment Due Process when it enters judgment on a pleading expressly disallowed by the state’s rules of civil procedure and orders a person to pay damages on claims not asserted against that person but against another person. ii 2. Whether a federal court acts contrary to the mandate of 28 U.S.C. §1788, the Full Faith and Credit Act, when, in a collateral attack challenging the validity of a state court judgment, it refuses to apply the law of the state from which the judgment was taken to determine whether the judgment is void ab initio and subject to collateral attack. 3. Whether a United States court of appeals departs from the accepted and usual course of judicial proceedings when it: a) Converts a district court’s facial dismissal into a factual one and makes findings of fact for the first time on appeal; b) Bypasses the jurisdictional question of Article III standing decided by a district court and issues an opinion on the merits; and c) Sua sponte raises an affirmative defense and requires a complaint to anticipate and negate that affirmative defense to survive a motion to dismiss.

Docket Entries

2023-06-26
Petition DENIED.
2023-06-06
DISTRIBUTED for Conference of 6/22/2023.
2023-05-04
Waiver of right of respondents Weissman, P.C. and Jason LoMonaco to respond filed.
2023-04-21

Attorneys

Shoman Kasbekar, et al.
Shivali KasbekarLaw Offices of Robin E. Paley, Petitioner
Shivali KasbekarLaw Offices of Robin E. Paley, Petitioner
Weissman, P.C. and Jason LoMonaco
Daniel B. MillmanStites & Habison PLLC, Respondent
Daniel B. MillmanStites & Habison PLLC, Respondent